Schexnaydre Law Firm, LLC

Judge Barbier's Clarifies His Policy 495 Order

By David Schexnaydre, Esq.

Today, in response to the Plaintiffs' Steering Committee's (PSC) Motion to Alter or Amend, Judge Barbier issued an Order clarifying his May 5 Policy 495 Order. This clarification only involves claims that were in the appeal process when the stay went into effect.

Judge Barbier has ordered the Appeals Coordinator to provide to BP and the PSC a list of the Business Economic Loss claims on appeal that the Appeals Coordinator believes do not involve matching. If BP takes the position that matching is an issue (which is likely to be the vast majority, if not all, cases), then BP must submit a one-page brief supporting its position within 14 days. The PSC and the claimant will then have 14 days to submit its one-page position paper. If the Appeals Coordinator believes the claim involves matching, then the claim will undergo the Policy 495 methodology.

No time frame is established for the Appeals Coordinator to formulate the list or to rule on any particular claim.

For instances when both BP and the PSC agree that matching is not involved (which will be almost never), the appeal will move forward to address any other appeal issues. 

For claims that were in the appeal process, but were already settled between BP and the claimant, but not yet paid, those payments "shall be paid promptly and without further delay."

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