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The “B” stands for “Bumpkis”


From the NY Fishwrapper:

People and businesses seeking a lump-sum settlement from BP’s $20 billion oil spill compensation fund will most likely have to waive their right to sue not only BP, but also all the other major defendants involved with the spill, according to internal documents from the lawyers handling the fund.

The documents — which include e-mails, draft and final versions of the protocols, claims forms and legal notes about the administration of the fund — provide the first definitive picture of who will be paid by the $20 billion fund, and how and when.

They also shed new light on the components of the payment plan that are likely to stir controversy, including the fund’s emphasis on geographic proximity as a determining factor for eligibility.

The fund is being administered by a prominent Washington lawyer, Kenneth R. Feinberg, who declined to be interviewed about the documents but verified their authenticity.

The eligibility requirements for compensation from the fund are similar to those of the 9/11 victims compensation fund, which Mr. Feinberg also handled. People affected by the spill seeking final settlements face a choice similar to that faced by the 9/11 victims: If they decide to sue instead of accepting a settlement, they could face years of litigation; and if they decide to accept the settlement, it could come before the full damage from the spill is known.

Talk about rigging the game! You get better odds of leaving with money at casinos.

As William Jacobson* predicted back in June:

No appeals, no second chances, not only for BP, but for individuals. The price of submitting to an arbitrary claims process is the loss of access to the judiciary and the legal process. That may be fine for many people, but it is a high price to pay as a nation supposedly of laws.

The claims process in action:



* Wingnut warning

77 Responses

  1. The Gulf Coast in happier times (embedding disabled, click through to watch):

  2. Didn’t that happen to 9/11 victims’ families? Something about not suing the airlines?

    • The fund is being administered by a prominent Washington lawyer, Kenneth R. Feinberg, who declined to be interviewed about the documents but verified their authenticity.

      The eligibility requirements for compensation from the fund are similar to those of the 9/11 victims compensation fund, which Mr. Feinberg also handled.

      • did they mention that BP is first in line and expects to be paid for their clean up efforts from it? (I kid you not)

      • The eligibility requirements for compensation from the fund are similar to those of the 9/11 victims compensation fund, which Mr. Feinberg also handled.

        That doesn’t warm anyone hearts…expect BP’s of course, which is the point . What are the chances Mr.Feinberg would get this gig again in an actual free society? I mean what is this? A franchise?

      • Kenneth R. Feinberg, who declined to be interviewed about the documents but verified their authenticity.

        Well that’s good enough for me! Move along, nothing to see here

    • Yeah, and it’s an ongoing issue with the first responders. They sued and were offered a settlement of some huge number like $625 million, but it works out through the magic of accounting to only a few thousand for most, and nowhere near enough to cover medical expenses. And that’s it. If they take it, they have to promise not to sue again.

  3. Via Doctor Grumpy:

    Aug. 18, 2010 02:17 PM
    Associated Press

    PORT ANGELES, Wash. – A man in a banana costume is accused of exposing himself and brandishing a shotgun while riding around with a bunch of friends in Washington state.

    The Clallam County sheriff’s office says the 21-year-old was arrested Tuesday evening for investigation of indecent exposure and reckless endangerment.

    The Peninsula Daily News reports police first received a report of a banana-costumed man exposing himself at a restaurant.

    Sheriff’s Sgt. Randy Pieper says they also drove through a Port Angeles neighborhood where the banana-man got out brandishing the gun.

    After his arrest, authorities say, the banana-man couldn’t explain why he was costumed. The other man also was arrested, but an 18-year-old woman in the car was allowed to split.

    The banana costume was seized as evidence.

  4. arghhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh!!!!

  5. Why aren’t they looking at the Exxon Valdez settlements
    instead of 9/11? Let me guess – $$$$$$

    • I don’t even think Exxon has paid the “small people” yet. That thing was reduced a dozen different times in court and they still kept appealing.

      • They have, I have life long friends that were affected, and they are still getting payments, that is everytime the courts say pay up. They had to sell their boats and business license, and have since brought a home in Hawaii, a 50 acre ranch in California, and
        haven’t worked a day since that time. How other panned out I don’t know, but I can speak to my friends
        results.

  6. Sweet Haruhi I hate plutocracy. 😡

    Hell, at some point the greedy $#!+$ may become such insufferable bandits that Marxism could actually make a comeback.

    Plutocracy vs. Marxism–kind of like the Utah death penalty: would you rather be shot or injected? [Once upon a time, it was “shot or hanged”, but they changed it.] 😉

    For that matter, GOP vs. DINOs is like the Utah death penalty, too. 😛

  7. Heh, it’s about time. Small Investors Flee Stock Market

    Renewed economic uncertainty is testing Americans’ generation-long love affair with the stock market.

    Investors withdrew a staggering $33.12 billion from domestic stock market mutual funds in the first seven months of this year, according to the Investment Company Institute, the mutual fund industry trade group. Now many are choosing investments they deem safer, like bonds.

    If that pace continues, more money will be pulled out of these mutual funds in 2010 than in any year since the 1980s, with the exception of 2008, when the global financial crisis peaked.

    Small investors are “losing their appetite for risk,” a Credit Suisse analyst, Doug Cliggott, said in a report to investors on Friday.

    • I’d say small investors are tired of being fleeced.

      • “You can shear a sheep over and over, but you can only skin him once.” – Captain Spaulding

      • Yes, I would rather play the lottery, especially when the CEO’s get paid 20, 40, 60 million and some even more, but they write little letters saying how darn awful it was you stock lost 90% of it value.

        Also, I have lost confidence on regulators since the techie stocks allowed the CEOs to fleece the company before it tanked when they knew of the earning or lack of earnings and given that they were spending and spending before ever making a dime.

        What does one executive do for 40 million or 60 million?

    • Most people I know are paying off debt as fast as they can and buying nothing that’s not needed. From what I read, that may be a trend and, if so, a demand driven recovery is a long time coming.

      • yup, i just posted a link from WAPO on the previous thread about that

        • I just went back and read it. Sometimes the cluelessness just amazes me. The executive class must only speak to each other. If they had a conversation with the person cutting their hair, they would know better.

  8. I’m starting to really wonder about this myself.

    Does Barack Obama want to be re-elected in 2012?

    Few Americans consider themselves bigger than the presidency but Obama might be one of them. The man in the Oval Office, argues Toby Harnden, may already be preparing for a role as a post-president in a post-American world.

    • Lol Yes, he’s too big for the Presidency. How about we make him Holy Roman Emperor? That would settle the religion thing, too.

    • All right, isn’t the Telegraph a fairly conservative paper? Yet Toby Harnden hits all the high notes. Does he know something we don’t about an opening in the WH Press Office?

      • Your take on what Hamden said was different than mine. I read it as indictment of a guy who can’t connect with his people and doesn’t much care. Devastating for a president.

    • There are some people who will always have to support his “historicalness” and him in the bargain. I’m calling it “Alice Walker’s burden.” While I still respect Ms Walker for her other accomplishments, I see her feet of clay. Her “black trumps white” every time policy blinded her on this one – even though Obama clearly has a white as well as black heritage. It’s hard to be patient when your deepest dreams seem to be at last in reach.

      Yes, another we could have had Hillary moment. A twofer – the best candidate and the first woman.

  9. Massive Oil Plume Found In Gulf
    August 21, 2010
    Scientists have found a 22 mile-long oil plume in the Gulf of Mexico, despite claims that the majority of the oil had dispersed.

  10. Also, did you guys see this in Politico?
    http://www.politico.com/news/stories/0810/41280.html
    White House slammed for rosy Gulf view
    Like W, they still insist on their lie that only 25% oil is left (so stop saying that!)

    • It was the false ‘Gulf Mission Accomplished’, or don’t believe your lying eyes…that is not an oil plume you are seeing.

    • NOAA whistleblower Bill Lehr testified before the House Energy and Commerce subpanel last Thursday. Estimates that roughly three-quarters of the oil remains in the environment.

      Also said the decision to release their NOAA report early (as in, before research was completed) was made by the WHITE HOUSE and not by the scientists.

      The POLITICAL team made the decision.

      (See article at The Hill: “NOAA official: Roughly Three-Quarters of spilled oil still in Gulf.”

      The outrage expressed by subcomittee members (Markey, Issa, etc) was VERY bipartisan.

  11. OT: Another Obama “accomplishment:”

    From Bloomberg article “Paychecks to Shrink Because of Higher Health Premiums, US Companies Say.”

    Due to early implementation of several Obamacare elements (inclusion of adult children, no limit on payments , etc) companies are projecting 9% increases in costs next year (7% this year).

    Companies will ask employees to pay more for their share of increases, causing net paychecks to shrink.

    Heckuva job, Obie!

    • But, but, but Ezra Klein said that companies would save money on health insurance premiums and then, out of the goodness of their heart, give the savings to the employees by increasing their wages.

      Am I to conclude that Ezra is wrong? Or is it just that he’s talking about a different place than planet Earth?

      • Let’s just say that Ezra was “invested” in trying to persuade the public that easy-to-figure-out facts weren’t really gonna happen, and that “magical thinking” was part of the inspiration of hope and change.

        Not to mention that he was the FOUNDER of Journolist, where they conspired with persuasive talking points, with “unpaid” Obama staffers on the Journolist (ie, direct contact with WH).

        All hail the propagandists, eh?

        I’m guessing the only reason Ezra still HAS his WAPO job is that the editors understand very clearly those “connections” and “investment.”

        Ezra’s full of sh*t. 🙂

      • Just as I kept saying this July was the biggest increase and also workers comp rates up and with the mandated aspect of it the they didn’t think to make America competitive with other countries that have Universal Health Care. What they put into place was the mob insurance scheme where they can charge what ever they want and Obama will fine people who refuse to be robbed.

        NOW, I ask you would a TRULY DEMOCRATIC PRESIDENT have kept out the Public OPTION? Why did President Obama keep the PUBLIC OPTION and the MEDICARE BUY IN out of the health care reform? Who is benefiting? President Obama had the Insurance companies in mind and Wall Street and not SMALL BUSINESS and NOT THE WORKING FOLKS.

        The Democrats blew it and in the process are hurting people more while claiming it is historic.

        • Hard to deny it’s historically bad.

        • Well, there’s the problem:

          We didn’t elect a TRULY DEMOCRATIC PRESIDENT.

          We elected the bought-and-paid-for empty suit.

          And Ezra, bless his little heart, was a large part of misleading the public.

          I watched Chris Hayes sub for Rachel Maddow the other night. Jesus , his voice is like a nervous adolescent chipmunk.

  12. That’s “bupkes,” or sometimes “bupkus.”

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