Recently, BP asked Judge Carl Barbier to reconsider his previous ruling that the company acted recklessly leading up to the Deepwater Horizon oil spill. BP contends that Judge Barbier considered expert witness testimony concerning the amount and impact of compressive forces on the Macondo well’s cement production casing. The company claims that Judge Barbier used the testimony, which BP claims should have been excluded, to develop a key theory that buckling in the metal pipe on the well put pressure on the cement casing, thereby preventing the casing from stopping the oil leak.
BP is asking Judge Barbier to set aside his finding that the company engaged in gross negligence, and reapportion blame among BP and its contractors. In the alternative, BP has requested a new trial so it could introduce opposing evidence to the theory. We would be surprised to see Judge Barbier reverse his previous order and find for BP. He clearly considered all of the facts and applicable law before issuing this order. What’s more, the record was clear – BP acted with extreme disregard for human life and property leading up to the oil spill, causing Judge Barbier to conclude that the company acted with “profit-driven decisions” that amounted to “gross negligence.”
Source: OLA.com and The Times-Picayune
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