According to Business Week - Here’s how this interim win could blow up on BP: The Fifth Circuit’s second-guessing, done at BP’s behest, constitutes a public embarrassment for Barbier. Yet he has pending before him far more than the contested business claims. Barbier is also presiding over a complicated trial in which the federal government is seeking $17 billion or more in Clean Water Act penalties from BP. In other words, Barbier is just about the last judge on earth that BP should want to anger at this juncture.
Now, I disagree. Embarass Barbier again by appealing any decision he makes that is nonsense (like the payouts and fictitious claims that were let through) and watch his career tank and disappear. I think BP has a much better chance of winning any appeal it sets forth, sustaining its business, and moving forward than a judge who obviously got what he deserved in my opinion (a public punch in the face figuratively) so far. How many other judges and people are lined up to take his job? Who has more power, Barbier or BP?
Barbier is not G-d and he better watch his actions.....dont trust your soul to no backwoods southern lawyer cause the judge in the town's got blood stains on his hands (TNTLWOIG) - BUT BP has a HUGE global army (businesses, politicians, probably mobsters (ugh), and ENGLAND behind it.
Barbier IS an embarrassment. The 5th cir really had to do this. What's amazing to me is that there was a dissent in this case. Not just that, but that the dissent is so wrong!. Rewriting the agreement my bum, what was done by the court majority was to knock down a ridiculous framework for interpreting the agreement. Should be no problem, NONE, for those actually harmed or connected to the spill to show it.
Frankly, I think BP is right to publicly point out this "judge" for the biased POS he is. The 5th cir is not gonna let him get away with retribution. BP is handling this right now---too bad they waved caps and too bad they've been overly generous with fixing this mess for which ALL parties share blame, including this shyty government.
I read that article with interest, as it made pretty much the same point that I had mused about in some posts a few months ago, when BP was slamming Judge Barbier publicly in a NY Times ad and during an interview with the CEO. But on reflection, I think my concern may have been unfounded. And as far as the article is concerned, I would say there's a difference between how a trial judge might react to an appellate decision that takes some issue with various aspects of his decisions (which happens all the time), and a public smear campaign against him by a litigant (which is unusual, to say the least). Notwithstanding the author's speculation, I would expect Judge Barbier, like any trial judge whose decision has been partially reversed, to follow the appellate court's instructions with care, and without any residual bitterness toward or blowback on the party that pursued the appeal. As for the other, bigger dollar isssues before Judge Barbier -- like the trial rulings that he has not yet made -- I suppose he will call balls and strikes as he sees them with full knowledge that whatever he decides will be appealed by the disappointed parties.
cuiosity, what's your take on the appellate decision? I tried to read through the majority's ruling, and I can't figure out what they want Barbier to do and how the claims should be paid out. You seem to be a "legal eagle" type and might be able to help out - thanks!!
Well, the Fifth Circuit is finally doing its work. I will not be surprised if Barbier is removed from the case at the first sign of recurring corruption. Enough is enough, even in Louisiana its appears.