BP Exploration & Production, Inc. v. Claimant ID 100261922, No. 18-30844 (5th Cir. 2019)Annotate this Case
The Fifth Circuit affirmed the district court's denial of discretionary review of the $2 million award claimant, an manufacturer of signs, received pursuant to the Economic and Property Damages Settlement from the Deepwater Horizon oil spill. The court held that BP has not established that claimant's causation attestation was implausible. The court also held that, even if applying a variable classification to the research and development expenses was substantively inaccurate, it simply raised the correctness of a discretionary administrative decision in the facts of a single claimant's case and thus did not warrant discretionary review. Finally, the court held that even if the claims administrator erred in omitting the adjustments at issue, the error did not raise a recurring issue on which the appeal panels were split or involved a pressing question of how the settlement agreement should be interpreted.