Florida Injury Lawyer Blog

As a Florida oil spill claims lawyer, I am wondering if Kenneth Feinberg is working for BP or for the claimants. So far I am very disappointed with Mr. Feinberg's proposed protocol for administering the fund for Oil Spill claimants.

His plan calls deductions for what shrimpers have earned so far cleaning up the spill from their final payout. This is another example of BP taking advantage of the desperation of those affected by their negligence the most. First BP tried and succeeded in paying shrimpers to help in the dangerous cleanup work. Now BP wants these folks to release potential claims against other subcontractors involved in the spill just because they had reached a some kind of deal with BP.

Those affected by the oil spill should seek legal counsel before making any decisions regarding their potential claims.

As a Florida oil spill claims lawyer, I am scratching my head as to why judges in Boise, Idaho are deciding the fate of thousands of claimants in the largest environmental catastrophe in history.

But its true, lawyers from New Orleans like my pal, the great Russ Herman want the case in the closest courthouse to where the slick hit the fan. And he is right for many reasons, but most of all, to suggest that the case should be anywhere other than New Orleans, implies that the Federal Judiciary is somehow biased and won't give BP a fair trial.

As a lawyer, I find this insulting to the bench, bar and most importantly to the victims of the oil spill. And why, I wonder does BP want the matter to be heard in Houston, Texas? Simply because BP has corporate offices there? I bet it has something more to do with Houston's long standing love affair with oil.

Good work Russ, lets hope now that the MDL gets it right. Of course, as a Miami oil spill lawyer, I wouldn't mind if they pick a third venue, right in my backyard.

As a South Florida lawyer who represents victims of the BP oil spill, I do not agree with BP's announcement that they intend to deduct from potential claims payments made to fisherman and shrimpers; for the work they have already done to help BP clean up its mess. Certainly, this should have been agreed upon before the work was started.

BP's Vessels of Opportunity program was intended to employ local fisherman, oyster-men, shrimpers and boaters to work clean up duty for BP. Many of the locals had to spend money to get their boats "Coast Guard Approved", buy fuel, insurance and crews. My concern is that many of the shrimpers I know, especially the Asian fisherman in Louisiana, did not know or agree to the set-off. Yes, they have been receiving money, either on a daily or weekly basis, but by the time you deduct the expenses that they incurred, they net little or nothing.

Claims Fund Administrator Ken Feinberg says, the deductions are fair. I sure hope he considers what claimants end up netting as well as the fact that BP is taking this position after the work has already been done. So far, BP has done little to show me, that they are concerned about doing what is right.

Somehow I have become a Civil Rights activist for Cambodian and Vietnamese fisherman and their families in tiny Buras, Louisiana.

The how and why are really not important as the problems faced by these folks. They are the first and hardest hit victims of the BP Oil Spill. Yesterday was the one-month anniversary of the disaster.

I was in New Orleans working with Vietnamese community leaders trying to create a not-for-profit community organization for them called the Plaquemines Parish Asian Fisherman's Association.  The idea is to try to create a solid voice that represents the needs of these people.  It is not-for-profit and the dues are only $1.00 per year. 

I head back to New Orleans next week to continue the effort, in conjunction with Dr. Shezad Malik and Lawyers to the Rescue.  WWL the preeminent radio station in New Orleans has been following this from the very beginning.  Click below to hear yesterday's interview with Bob and Monica.

The AP reports the agency "responsible for ensuring that the Deepwater Horizon oil rig was operating safely before it exploded last month fell short of its own policy that inspections be done at least once per month.

Since January 2005, "the U.S. Minerals Management Service conducted at least 16 fewer inspections aboard the Deepwater Horizon then it should have under the policy, a dramatic fall from the frequency of prior years, according to the agency's records."

The "inspection gaps and poor record keeping are the latest in a series of questions raised about the agency's oversight of the offshore oil drilling industry. Members of Congress and President Obama have criticized what they call the cozy relationship between regulators and oil companies and have vowed to reform MMS, which both regulates the industry and collects billions in royalties from it."  The Law Offices of Aronfeld Trial Lawyers are the Oil Spill Class Action Lawyers and remain committed to help those damaged or injured by corporate greed and negligence.   For a free and confidential evaluation, email Spencer Aronfeld.

Have you been affected by the BP Oil Spill? You may have a claim.

Did you suffer damage to property from the oil spill?

Did you suffer a loss of business from the oil spill?

Did the oil spill cause you any physical injury from the oil spill?

We have been on ground zero helping fisherman, shrimpers, dock hands and dock builders, try to recover from this tremendous loss. If you are concerned about your legal rights, please contact me for a confidential evaluation. Contact Spencer Aronfeld or call: 866-597-4529.

The Oil Spill Class Action Lawyers at Aronfeld Trial Lawyers are devoted and passionate advocates for victims of corporate negligence and greed.

Bill Sasser a correspondent with the Christan Science Monitor attends our town hall meeting in Buras, Louisiana. Mr. Sasser tells it like it is and explains how the BP oil spill has hit the Vietnamese and Cambodian fishermen particularly hard.

Read the entire story here:

Vietnamese, Cambodian fishermen among hardest hit by BP oil spill - CSMonitor.com

This last week I spent in Buras, Louisiana. It was perhaps the most rewarding of my legal career.

Yet, at the same time probably the most frustrating. Lawyers are fighting lawyers, charities are fighting charities and all the while the Vietnamese, Cambodian and American (I dislike the distinction since they are all American) fisherman starve and BP just sits back and waits.

I have seen the best and worse of our species in the last week. I will say that some local politicians like Parish President Billy Nungesser and Linda Banta are working hard to help, while some others on a national level seemed like they did not want to be bothered.

I am pleased to return to Plaquemines Parish to continue to help those in need.

Yes, I am a lawyer. And I know that is a title of dubious distinction in some parts of Plaquemines Parish, but I am proud of it. My journey was not alone. I had the guidance of a lovely Vietnamese family who asked for my help and a Cambodian fisher woman. And of course, Dr. Shezad Malik of Dallas, who called me in the first place.

I have posted a number of videos of the week on my You Tube Channel ARONFELD.TV

Plaquemines Parish BP Oil Spill Aronfeld Oil Spill Claims

Billy Nungesser 504-297-5000

Los Angeles Times reporter Louis Sahagun investigates the way BP is treating the Cambodian and Vietnamese fishermen following BP's oil spill. Check out the details of the town hall meeting I organized with Shezad Malik today. More details to follow:

Gulf's Cambodian, Vietnamese fishermen seek help as their livelihood crumbles - Sacramento Living - Sacramento Food and Wine, Home, Health Sacramento Bee

Authority for Trust Fund: The Oil Pollution Act (OPA) of 1990 (33 USC 2701-2761) was implemented after the Exxon Valdez spill off the coast of Alaska.

The law does three things:

1. lays out the protocols for response and cleanup
2. defines liability related to the spill
3. creates a trust fund for damages payments.

What it contains: The fund is made up of two parts:

1. An Emergency Fund used for reimbursements related to removal and remediation.
2. A Principal Fund which is for payments to individuals, municipality and states with injury claims.

Types of claims and who may file:

1. Property damage – available to people or entities that own or lease the property
2. Boat damage – available to those who own or lease boats
3. Loss of profits and earning capability
4. Loss of subsistence use of natural resources – Anyone who, for subsistence means loses the natural resources upon which they depended
5. Loss of government revenue – Federal, State and Local governments

How to file a claim: Your claim must meet the requirements for filing under the OPA, which are:

1. Must have occurred after 1990
2. Spill incident must involve oil discharge that threaten to discharge into the navigable waters of the U.S.
3. Must have submitted the claim to the responsible party 90 days to settle your claim before submitting a claim to the trust fund.

In this case, the responsible party has been identified as British Petroleum and Transocean. Per the OPA, they should be prepared to settle valid claims under the act.

Once the requirements are met, the claims package must be sent to the National Pollution Funds Center.

On Sunday, U.S. District Court Judge Ginger Berrigan prevented oil giant BP from having local shrimpers and fisherman from signing releases that would protect BP from from liability in the cleanup efforts. Desperate for money, these shrimpers, oyster harvesters are nervous about how to provide for their familes. Sensing this deperating, BP wants to hire them as contractors to serve as clean up for the oil spill.

The contract also included confidentiality clauses to prvent the shrimpers from discussing what they find out at sea.

According to the proposed agreement with BP:

• workers would not be able to sue for compensation in case of accident or injury
• talk to reporters without BP approval
• immediately pursue legal claims against BP even in an emergency
• Add BP to their personally paid insurance policies for damages or injuries.

Judge Berrigan’s ruling voided all existing contracts and ordered the company to remove these provisions from any replacement and new contracts. If you have a potential claim for any damages resulting from the BP oil spill, DO NOT sign anything without consulting an attorney first. If you have a question or concern, contact Oil Spill Claims Attorney Spencer Aronfeld or call us toll-free: 866-597-4529.

On the ground, with attorney Shezad Malik as President Obama's motorcade passes by in Venice, Louisiana. I am representing fisherman, shrimpers and restaurant owners against BP for the Deep Horizon oil spill. There are a number of Vietnamese shrimping communities that have already been devastated economically by Katrina, Gustav and now this oil spill.

We intend to file a massive class action law suit against BP and seek compensation for those affected by this horrible event.

If you are interested in participating in this case, please contact the Oil Spill Claims center in our office toll free 866-597-4529 or email Spencer Aronfeld.

We have offices in Miami and Dallas and are currently in New Orleans on the ground helping people.

Six counties along Florida's panhandle are expected to be affected by the massive oil spill in the Gulf of Mexico by Monday.

But researchers from both the University of Florida and the University of South Florida fear that the gulf's powerful "loop current" could push oil from the growing spill straight towards the Florida Keys and eventually up Florida's east coast, impacting beaches from Miami to Jacksonville.

Y. Peter Sheng is the coastal and oceanographic engineer at the University of Florida and Robert H. Weisberg is a Professor of Physical Oceanography in the College of Marine Science, at the University of South Florida.