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BP p.l.c. Message Board

  • gstocks1977 gstocks1977 May 21, 2014 1:26 PM Flag

    Supreme Court Here We Come....as stated ages ago

    Now let's see if they take it on. They should. This is a horrible situation and intent, duress, and heart as well as good business is al over this

    http://finance.yahoo.com/news/bp-appeal-gulf-oil-spill-170250933.html

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    • In my opinion, the issue at fault is the interpretation of "Class" as in Class Action. A Class is a legally precise term can be found in many places, e.g. http://www.techlawjournal.com/glossary/legal/classaction.htm

      Now...the "deals a deal" slogan is so incomprehensibly stupid, I cant believe these people have law degrees. If the definitely of the "Class" becomes flawed or worse a corruption of those parties who should be involved - then the Class can be dissolved. That is what BP is interested in doing, because the plaintiffs involved have not kept their bargain (i.e.. keeping only those directly effected involved in the Class).

      Clearly this requirement has become flawed: "the claims or defenses of the representative parties are typical of the claims or defenses of the class" - which they have not since you have fraud cases involved.

      In my opinion there is no question the SCOTUS will correct the lower courts and use it as a way of guiding future Class action lawsuits.

      • 2 Replies to matt.bouchard
      • I think you misunderstand the argument. The class is well-defined and uses strictly objective criteria. Judge Clements argument was that without causation some members would lack standing because they would not be able to sue in court on their own. She argued, how can the Court certify a "class" with some members who lack legal "standing."

        Lack of causation isn't fraud.

      • I hope you're right about that, Matt, and I am holding my shares, but remember the vows of the *illustrious* POTUS (regarding BP) and the notion that with elections approaching there are political plays being made from far afield of substantive issues. The left side of the aisle is desperate for talking points that don't involve a perceived failure of their leader, and pressing the SCOTUS to deny BP's motion (a company most hated by liberals due to their hypocritical bias against Big Business and particularly against Big Oil) could easily be seen as an attractive card to play. This SHOULD be an absurdity, but unfortunately it isn't. The blatant disregard for justice being displayed in the local and regional courts can sadly be viewed as a symptom in our ill society's legal system, and the infectious agents causing that illness exist at all levels of our government. It may not be pervasive, but it is persistent, and there is no known immunity against it, only a resistance dependent on the integrity of the men and women in positions of power. Let's hope the SCOTUS adheres to the rule of law and the concept of fairness. Regards.

 
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