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Started By
Message
David West not eligible for $1.4M BP settlement
Posted on 3/22/19 at 10:15 am
Posted on 3/22/19 at 10:15 am
Nola.com
at first, I was like, "are you serious?" Then, I was like, "now, you're seriously firing your attorney who got you involved in this in the first place."
at first, I was like, "are you serious?" Then, I was like, "now, you're seriously firing your attorney who got you involved in this in the first place."
quote:
The appeals court reversed a lower court ruling that had upheld a claim filed by West for “lost” earnings as part of the BP disaster private claims settlement process.
quote:
The 5th Circuit agreed with BP that West couldn’t show that the $1.4 million less he was paid as salary in 2010, compared with 2009, was caused by the April 20, 2010, sinking of the oil rig and ensuing oil spill.
quote:
“He received every penny specified in that contract both before and after the spill,” the ruling said. The salary reduction was built into a front-loaded contract (received the full $45 million called for in the five-year contact) signed long before the accident, the ruling said.
quote:
“In 2010, he earned exactly what he was entitled to receive under his contract,” the ruling said. “The fact that West received less money in 2010 than in 2009 does not mean he ‘lost’ anything or was ‘damaged’ in any way.”
Posted on 3/22/19 at 10:18 am to jptiger2009
quote:
The 5th Circuit agreed with BP that West couldn’t show that the $1.4 million less he was paid as salary in 2010, compared with 2009, was caused by the April 20, 2010, sinking of the oil rig and ensuing oil spill.
Posted on 3/22/19 at 10:20 am to jptiger2009
He signed a contract before the spill.
It didn't make much sense to me, but what was his argument for the $1.4 million?
It didn't make much sense to me, but what was his argument for the $1.4 million?
Posted on 3/22/19 at 10:24 am to jptiger2009
Lawyers gonna Lawyer....
Posted on 3/22/19 at 10:35 am to jptiger2009
Lol, I read this whole thing thinking of David Wesley. Was thinking, damn announcing pays a lot more than I thought.
Posted on 3/22/19 at 10:39 am to jptiger2009
It was worth a shot. It was even approved initially.
quote:
Based on the form, the claims administrator’s office determined West was entitled to $1.4 million.
Posted on 3/22/19 at 10:53 am to jptiger2009
quote:
he 5th Circuit agreed with BP that West couldn’t show that the $1.4 million less he was paid as salary in 2010, compared with 2009, was caused by the April 20, 2010, sinking of the oil rig and ensuing oil spill.
quote:
“He received every penny specified in that contract both before and after the spill,” the ruling said. The salary reduction was built into a front-loaded contract (received the full $45 million called for in the five-year contact) signed long before the accident, the ruling said.
dwest what were you thinking? you agreed to that contract
Posted on 3/22/19 at 11:55 am to jptiger2009
This is a scumbag story
Posted on 3/22/19 at 11:26 pm to jptiger2009
West gets so much love on here.
Left for a contender in free agency and pulls this shite.
frick David West at least we got something out of CP3 leaving
Left for a contender in free agency and pulls this shite.
frick David West at least we got something out of CP3 leaving
Posted on 3/23/19 at 10:15 am to jptiger2009
I’m sure there are lots of holes and errors in this explanation BUT, I think this is why claims like this happened and it’s as much BPs fault as West’s or his attorney’s.
The initial settlement allowed, practically encouraged, claims like this. There was a list of occupational classifications, locations and criteria for showing income loss and recovery (The V-shaped curve) that fit the timeline of the spill. The curve was the only criteria to show causation. They agreed quickly to these settlement terms under huge public and governmental pressure. No other proof of cause and effect required. Submit documents that match the criteria and get a check. They completely underestimated the scope and payouts this would result in. And the fines and other payouts were underestimated as well. So, they went back to the courts, appealed, and had conditions added. They probably should have been held to the original terms they agreed to and suffered the consequences. Like a 1.4 million dollar payout to an NBA player who completely met all terms they required.
I am 100% sure there are a number of people reading this who applied early and got paid 5 or 6 figure payouts under the original terms. No, not me.
I’m not an attorney and am at best moderately informed, but this is not quite the disingenuous money grab it seems to be on the surface. Or it is, but seems less so with some context. And a lot of people saw this as a way to get cash and at the same time inflict punitive damages of sorts on BP.
The initial settlement allowed, practically encouraged, claims like this. There was a list of occupational classifications, locations and criteria for showing income loss and recovery (The V-shaped curve) that fit the timeline of the spill. The curve was the only criteria to show causation. They agreed quickly to these settlement terms under huge public and governmental pressure. No other proof of cause and effect required. Submit documents that match the criteria and get a check. They completely underestimated the scope and payouts this would result in. And the fines and other payouts were underestimated as well. So, they went back to the courts, appealed, and had conditions added. They probably should have been held to the original terms they agreed to and suffered the consequences. Like a 1.4 million dollar payout to an NBA player who completely met all terms they required.
I am 100% sure there are a number of people reading this who applied early and got paid 5 or 6 figure payouts under the original terms. No, not me.
I’m not an attorney and am at best moderately informed, but this is not quite the disingenuous money grab it seems to be on the surface. Or it is, but seems less so with some context. And a lot of people saw this as a way to get cash and at the same time inflict punitive damages of sorts on BP.
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