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BP Oil Spill 
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Louisiana, Alabama can pursue punitive damages over Gulf spill
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Barbier
NEW ORLEANS (Legal Newsline) - U.S. District Judge Carl Barbier has ruled that the states of Louisiana and Alabama can seek punitive damages against BP and its partners over the 2010 Deepwater Horizon oilrig explosion and subsequent oil spill in the Gulf of Mexico.

Barbier issued the ruling Monday in the U.S. District Court for the Eastern District of Louisiana where he is presiding over the massive multidistrict litigation surrounding the oil spill.

The order also dismisses claims brought by Louisiana and Alabama under their respective state laws because federal laws preempt those claims.

Louisiana and Alabama sought to bring nuisance and trespass claims against BP and general maritime negligence claims against Anadarko and MOEX Offshore, which were partners with BP in the Deepwater Horizon.

Louisiana and Alabama argued successfully that they were entitled to punitive damages under the Oil Pollution Act (OPA) and general maritime law.

"The States have stated causes of action under general maritime law," Barbier wrote in his ruling. "Consequently, punitive damages may also be available to the State where their claims arise under general maritime law."

Barbier ruled that the states met OPA's presentment requirements in making their claims for punitive damages for oil spill damage and cleanup costs in the master complaint filed by the plaintiffs at the start of the MDL.


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MORE NEWS HEADLINES:
+ Ala. AG wants trial date set in Gulf Coast states' suit against B... - 4/23   read more
+ Ohio AG pursues state shareholder claims against BP - 4/20   read more
+ Fla. AG asks federal court for 'methodical review' of BP settleme... - 4/16   read more
+ BP claims fund to be taken over by court-appointed administrator - 3/12   read more
+ Estimated $7.8 billion to be paid in BP settlement - 3/4   read more
+ BP reaches settlement in oil spill case - 3/3   read more
+ Start of oil spill trial moved to next week - 2/27   read more
+ Former BP employee files whistleblower suit over oil spill cleanu... - 2/23   read more
+ 'Minor violator' paying $90M in oil spill settlement - 2/22   read more
+ No expert found co-defendant contributed to Gulf oil spill - 2/16   read more


IN THE SPOTLIGHT:
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Monday, May 21, 2012
NEW YORK (Legal Newsline) - A think tank affiliated with New York University School of Law has issued a report that "takes aim at the confusing debate over jobs and environmental regulation."
Read more...


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