Schexnaydre Law Firm, LLC

U.S. Supreme Court Denies BP's Motion for Stay

By David Schexnaydre, Esq.

And with the stroke of a pen, Justice Scalia (after conferring with the other members of the U.S. Supreme Court) added a little bit of certainty to the BP Claims process, at least for the foreseeable future.  Today, the U.S. Supreme Court denied BP's Application to Recall and Stay Mandate Pending the Filing and Disposition of a Petition for a Writ of Certiorari.

The effect of the denial is that the Claims Administrator can continue issuing payments to those claimants who had previously received a final eligibility notice that BP had not appealed by October 2, 2014.  Those payments began as early as May 29, the day after Judge Barbier's Order setting forth the criteria for who can currently receive payment. For all the rest of the pending claims, they must be reevaluated pursuant to Policy 495, the matching policy issued by the Claims Administrator and adopted by Judge Barbier.

While the Plaintiff's Steering Committee has filed a Motion to Alter or Amend Policy 495, the Claims Administrator's current instructions are to reevaluate all Business Economic Loss claims in light of Policy 495.

I will issue another post discussing the details of Policy 495, but for now it is news enough that payments are again being made to the people and businesses of the Gulf Coast.

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