BP is now seeking to appeal a recent ruling that declared Alabama is entitled to a jury trial over losses resulting from the 2010 Deepwater Horizon disaster and oil spill. Previously, BP moved to strike Alabama’s right to a trial by jury. But Judge Carl Barbier rejected BP’s argument that the state’s claims should be tried before a judge and not a jury. Judge Barbier held in his ruling that the Seventh Amendment provides for a trial on a states’ claims against BP for removal costs and damages such as lost tax and state department revenues, physical property damage and public service costs. Judge Barbier said in his ruling:
As a general rule, though subject to several exceptions, civil cases before a federal court sitting in admiralty are tried without a jury. BP’s primary argument is tied to this premise. [But] three courts have held that a jury is available for at least some claims or issues under OPA [the Oil Pollution Act]. This court reaches the same conclusion.
We are convinced that Judge Barbier got it right when he determined that Alabama is entitled to a jury trial. BP does not want folks to really know the types of damage the company caused the State to suffer and how truly bad its conduct was. This latest appeal is further proof of that fact. The citizens along the Gulf need to know the truth about what BP did to the Gulf Coast, including the states that call the Gulf home.
Attorney General Luther Strange, along with lawyers Corey Maze and Win Sinclair of the Attorney General’s Office, have done an outstanding job representing the State’s interests. Rhon Jones and Parker Miller, both lawyers in our firm, are heading up Beasley Allen’s involvement in the case on behalf of the State of Alabama. Rhon and Parker, along with Jenna Day and Rick Stratton, who are also lawyers in our firm, have done an excellent job on behalf of the State. The Attorney General has shown tremendous leadership in this battle and should be commended. This case is extremely important to the state and the citizens of Alabama.
Contact us today for a free legal consultation with an experienced attorney.
Fields marked *may be required for submission.
If you would like to subscribe to the Jere Beasley Report digital edition, simply visit our Subscriptions page and provide the necessary information or call us at 800-898-2034.
Attorney Advertising - Prior results do not guarantee a similar outcome.