After weeks of testimony, and dramatic “reveals” of newly discovered evidence that had been hiding in labs for years, the Phase One trial of the BP litigation finally came to an end late last month. Now the parties must submit their briefs and make their final arguments to the court by June 21, 2013. Full Story
BP Oil Spill
Three years ago, Tilting told tales of oil spill legal problems suffered by Forrest Gump, Bubba Gump Shrimp Company, Wok Ann chu-gumm Seafood Restaurants, Chef Red Fishy and Bishop Carp. Full Story
Fifth Circuit Reverses District Court, Holds BP Was Entitled to Additional Insured Coverage Under Insurer’s Policy for Environmental Claims
This environmental coverage action arises from the explosion and sinking of Transocean’s Deepwater Horizon oil platform in April 2010. At issue were the obligations of Transocean’s primary and excess liability insurer to cover BP’s pollution-related environmental liabilities resulting from the ensuing oil spill. Full Story
The recent decision by the U.S. Court of Appeals for the Fifth Circuit in Center for Biological Diversity, Inc. v. BP America Production Co., et al, no. 12-30136 (5th Cir. Jan. 9, 2013) (“CBD”), reversed in part the district court’s dismissal of citizen suit claims against BP in connection with the Deepwater Horizon incident Full Story
On April 20, 2010, the Deepwater Horizon exploded and sent a gusher of oil into the Gulf of Mexico. Deepwater Horizon also sent a gusher of litigation into the federal courts: the recent decision in Hornbeck Offshore Services, LLC v. Salazar illustrates the care needed in seeking and enforcing an injunction against an agency of the United States. Full Story
Kurt Mix’s nightmare probably won’t happen to you, but ignoring electronic discovery laws could cause you big problems in litigation. You might have heard of Mr. Mix, the former BP engineer now facing federal obstruction of justice charges for deleting text messages about the 2010 Gulf oil spill. His nightmare is playing out in a federal court in New Orleans, and the government is not backing down.
Corporate Emails, No Matter How Routine or Frequently Exchanged, Do Not Necessarily Comprise Corporate Business Records
The business records rule, FRE 803(6), has in some quarters become so loosely observed that its terms for qualifying certain records as admissible have been taken as nearly rendered unnecessary by the expectation that courts will not insist on rigorous observance. But a recent district court case serves as a reminder to trial lawyers that some judges actually read the rule and expect counsel to meet its terms. Full Story
BP Engineer Arrested After Deleting Over 300 Text Messages Related to Deepwater Horizon Oil Spill : LXBN Roundtable
On April 20th, 2010, the Deepwater Horizon oil platform was rocked by a series of explosions, leading to a blazing inferno that engulfed the oil rig, eventually causing its untimely demise. Two days later, reports indicated signs of a spill, which were confirmed four days after the initial incident.
The ensuing oil spill continued for three months, during which, nearly 5 million barrels of crude oil leaked into the Gulf of Mexico, just 41 miles off the Louisiana coast. Just over two years later, the first arrest was made arising from the events surrounding the Deepwater Horizon oil spill. Full Story
LXBN This Week: EEOC On Criminal Records, Transgender Discrimination, BP Oil Spill Arrest, AZ Immigration Law at SCOTUS
As it was last week, LXBN was once again dominated by the employment law bloggers this week, as two of the most-discussed topics came from the realm of the EEOC. We also saw LXBN authors chime in on stories that had seen much discussion by the mainstream media: the first arrests following the BP oil spill and the controversial new Arizona immigration law hitting the Supreme Court. Finally, to round things out, we preview LXBN’s coverage of Avvocating 2012. Full Story