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David West not eligible for $1.4M BP settlement

Posted on 3/22/19 at 10:15 am
Posted by jptiger2009
Baton Rouge
Member since Feb 2009
9616 posts
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."



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 by Machine
Earth
Member since May 2011
6001 posts
Posted on 3/22/19 at 10:18 am to
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 by shel311
McKinney, Texas
Member since Aug 2004
110828 posts
Posted on 3/22/19 at 10:20 am to
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?
Posted by jptiger2009
Baton Rouge
Member since Feb 2009
9616 posts
Posted on 3/22/19 at 10:24 am to
quote:

It didn't make much sense to me, but what was his argument for the $1.4 million?


I can't see this as anything but a cash grab attempt by West. I'd like to think that his attorney presented this as an opportunity that would be overlooked by BP with their payouts. Even a $300B company like BP doesn't just shell out $1.4M to anyone, especially after all the money they've paid out since the spill.

Bottom line is that he was paid what he was guaranteed.
Posted by dj30
New Orleans
Member since Feb 2006
28724 posts
Posted on 3/22/19 at 10:24 am to
Lawyers gonna Lawyer....
Posted by jptiger2009
Baton Rouge
Member since Feb 2009
9616 posts
Posted on 3/22/19 at 10:26 am to
quote:

Lawyers gonna Lawyer....


and, as we've directly found out with AD, agents gonna agent
Posted by Kingpenm3
Xanadu
Member since Aug 2011
8966 posts
Posted on 3/22/19 at 10:35 am to
Lol, I read this whole thing thinking of David Wesley. Was thinking, damn announcing pays a lot more than I thought.

Posted by TigerinATL
Member since Feb 2005
61489 posts
Posted on 3/22/19 at 10:39 am to
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 by jptiger2009
Baton Rouge
Member since Feb 2009
9616 posts
Posted on 3/22/19 at 10:52 am to
quote:

It was worth a shot


that's what I considered initially, but that's the same as holding your hand out "because everyone else is doing it". That is no justification. Legally, yes, it was worth the shot, but that doesn't make it just. Now, if he were going to donate the money to Sewage and Water board, that would be ok with me.

Take from monster fortune 500 to give to a cash poor incompetent government entity. Like, some robin hood shite.
Posted by Cheesy Beaver
Kenna brah
Member since Dec 2014
4424 posts
Posted on 3/22/19 at 10:53 am to
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 by Chad504boy
4 posts
Member since Feb 2005
166246 posts
Posted on 3/22/19 at 11:07 am to
quote:

but what was his argument for the $1.4 million?



probably same as half the claimants... bunch of bs.
Posted by NOSHAU
Member since Feb 2012
11900 posts
Posted on 3/22/19 at 11:11 am to
Agree. He should be brought up on charges of fraud based on that. Ridiculous that he was basically trying to steal money knowing he was paid per his contract.
Posted by oVo
Member since Dec 2013
11802 posts
Posted on 3/22/19 at 11:55 am to
This is a scumbag story
Posted by Chalkywhite84
New orleans
Member since Dec 2016
27218 posts
Posted on 3/22/19 at 8:47 pm to
I agree.
At first I was like why was David west involved in the bp oil spill. He's a piece of shite
Posted by AlceeFortier
Member since Dec 2016
1795 posts
Posted on 3/22/19 at 9:35 pm to
court should have bad faithed the attorney for filing the frivolous suit and made him pay BP's costs......I wonder what attorney took that case?

I missed many episodes of Seinfeld because of all the news coverage of the spill....is that worth anything from BP?????
Posted by TigerChief10
Member since Dec 2012
10858 posts
Posted on 3/22/19 at 10:02 pm to
quote:

Take from monster fortune 500 to give to a cash poor incompetent government entity. Like, some robin hood shite.




This is laughable. I'll never understand why people want to give all their money to the incompetent government
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
66492 posts
Posted on 3/22/19 at 11:26 pm to
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
Posted by MarcusQuinn
Member since Aug 2005
582 posts
Posted on 3/23/19 at 10:15 am to
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.

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