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Central Park’s Killer Trees Spawn Lawsuits

Over the past decade, at least 10 lawsuits have been filed over injuries or deaths sustained by failing tree limbs in New York City’s Central Park. Millions of dollars in damages have been paid to plaintiffs and their families, and news reports suggest even more payouts are expected.

The problem, according to the New York Times, is that the city has experienced severe cutbacks in monies allotted to the city’s tree care and safety programs, forcing pruning work to be delayed. Safety and inspection work is routinely being performed by general park workers, who have not received the special training in the science of tree care and risk management. More Central Park’s Killer Trees Spawn Lawsuits

Mississippi Hires former AG in BP Oil Spill Lawsuit

The Associated Press reports that Mississippi Attorney General Jim Hood confirms he has hired former Attorney General Mike Moore, former Supreme Court Justice Reuben Anderson, and a forensic accounting firm to handle Mississippi’s claims against BP over the Gulf oil spill in 2010.

In a statement released yesterday, Hood said, “I have been working with former Supreme Court Justice Ruben Anderson and former Attorney General Mike Moore to assemble a team of lawyers and experts to quickly develop our economic damage model and calculate the economic loss to the state in the BP case. I chose Justice Anderson, who has a reputation which is beyond reproach, for his gentlemanly negotiation skills and General Moore because of his experience in negotiating the largest settlement on behalf of the state in the nation’s history.” More Mississippi Hires former AG in BP Oil Spill Lawsuit

Previous BP Settlements are Met with Another Delay

Larry and Denise Haralson settled with BP in November regarding the losses they suffered because of the Gulf Oil Spill and were waiting for their $14,600 settlement check when the Gulf Coast Claims Facility they had been dealing with was shut down to be replaced by a different center to be supervised by the court, following the announcement that BP would settle all claims for at least $7.8 billion.

While attorneys for the plaintiffs have said that the new facility and system could give plaintiffs more money, and no one will be forced to accept a new settlement agreement, the Haralson’s feel BP broke their contract. The new facility will give current settlement awardees 60 percent of the awards, while the other 40 percent will be judged under new guidelines. More Previous BP Settlements are Met with Another Delay

PG&E Settles with California for $70 million Over San Bruno Gas Line Blast

San Francisco-based PG&E, owner of California’s largest utility, has reached a settlement with San Bruno over a pipeline explosion that killed eight people, destroyed 38 homes, and damaged 70 others. The pipeline blast occurred in 2010 and is considered the largest in history.

The company confirmed the settlement terms in a regulatory filing, including that they will contribute $70 million to a not-for-profit agency set up for the city to help in blast recovery. PG&E says the money won’t come from insurance or customer rates, Bloomberg Businessweek reported. More PG&E Settles with California for $70 million Over San Bruno Gas Line Blast

Moratorium Claims Not Included in BP Settlement

BP has reached a settlement with private plaintiffs in the Gulf oil spill litigation, agreeing to pay an estimated $7.8 billion, with $2.3 billion going specifically to claims from the Gulf seafood industry.

BP oil spill moratorium claims are not, however, included in the settlement, and BP remains firm on its stance that it will not pay moratorium claims.  Moratorium claims were filed by oilfield workers and oilfield services companies that suffered economic losses due to the federal government’s decision to impose a moratorium on offshore drilling for several months after the April 2010 BP oil spill. More Moratorium Claims Not Included in BP Settlement

BP Settlement Provides for Health Claims

 

BP announced Friday that it expects to pay nearly $7.8 billion to settle oil spill claims that include loss to businesses, lost wages, and property damage from the Deepwater Horizon disaster. The settlement, which is still being negotiated, will also include a claims process system for health claims and compensation for illnesses related to the incident.

 

The settlement requires Gulf Coast residents to show an illness stems from the spill, and to receive any compensation for an illness, they will have to be examined by a court-approved health care practitioner, the Herald Net reports. U.S. District Judge Carl Barbier will supervise a claims administrator who will determine who will receive compensation. More BP Settlement Provides for Health Claims

Judge Delays BP Oil Spill Trial for Settlement Negotiations

U.S. District Judge Carl Barbier has delayed the start of the BP oil spill trial to allow BP Plc., and the Plaintiff Steering Committee more time to negotiate a deal regarding the tens of thousands who were affected by the Deepwater Horizon disaster in the Gulf of Mexico in April 20, 2010.

In a statement, BP announced that they “and the PSC are working to reach agreement to fairly compensate people and businesses affected by the Deepwater Horizon accident and oil spill.” BP also said there is no guarantee that the talks would lead to a settlement, Reuters reported. More Judge Delays BP Oil Spill Trial for Settlement Negotiations

Costa Concordia Passengers Facing Formidable Lawsuit Obstacles

An investigation by Reuters shows that historically, cruise ship passengers face formidable obstacles when trying to recover high dollar damages. Though many people embark on cruises each year, few actually read the “complex, multi-page ticket contracts” that are designed to protect cruise line operators from significant lawsuits. One of the more common terms, is the requirement of passengers to file lawsuit in specific, and often remote, jurisdictions.

The ticket contract accepted by passengers on the Costa Concordia requires “all claims, controversies, disputes, suits and matters of any kind whatsoever…shall be instituted only in the courts of Genoa, Italy.” More Costa Concordia Passengers Facing Formidable Lawsuit Obstacles

Increasing Number of Costa Concordia Passengers Joining Florida Lawsuit

Thirty-three more passengers have joined a Florida lawsuit filed by six passengers against Carnival Corp, alleging negligence and fraud and seeking more than $78 million in compensatory damages and $450 million in punitive damages, after the Costa Concordia disaster that killed 32 people.

According to the lawsuit, “Plaintiffs found themselves in a listing, capsizing, sinking vessel without communication, direction or help from the captain and misdirection from the crew from approximately 9:45 p.m. to approximately 11 p.m. and were left to fend for themselves,” the International Business Times reports. More Increasing Number of Costa Concordia Passengers Joining Florida Lawsuit

Costa Concordia Passengers Bring Additional Charges

A lawsuit filed in Florida state court last month by six passengers asking for $460 million in compensation from Costa Concordia parent company Carnival Cruise Lines, now has 39 plaintiffs and has been amended to include additional charges, including negligence. Each plaintiff seeks individual damages for their unique injuries and losses.

“The plaintiffs will seek punitive damages as a result of the nature of the conduct of the Costa Concordia’s officers and staff, which demonstrated a reckless disregard for human life and property,” the statement from an attorney for the plaintiffs said. More Costa Concordia Passengers Bring Additional Charges