Saturday, August 27, 2011

U.S. oil-spill ruling pleases plaintiff lawyers (Reuters)

NEW YORK (Reuters) – Plaintiff lawyers claimed a victory on Friday when a federal judge overseeing hundreds of lawsuits against BP and others over last year's big oil spill in the Gulf of Mexico allowed much of the case to move ahead.

"We are very pleased with the ruling," said Stephen Herman, a lead attorney for the plaintiffs, who include more than 100,000 individuals, businesses and property owners alleging spill-related losses. "The court agreed with us on all major points."

A spokeswoman for BP, the main defendant, said the company had no immediate comment.

In a 39-page, 16-part ruling, U.S. District Judge Carl Barbier dismissed some claims against BP and its co-defendants in the consolidated litigation in New Orleans. He dismissed state law claims, stating that state law is "preempted by maritime law." He also dismissed general maritime negligence claims against defendants Anadarko and Mitsui's MOEX Offshore.

The judge kept intact other claims in the litigation. He ruled that plaintiffs "have plausibly alleged" Oil Pollution Act claims related to the drilling moratorium and a Gulf Coast cleanup program set up in the wake of the oil spill. Oil Pollution Act claims against Anadarko were also kept in the litigation.

The case is In Re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, U.S. District Court, Eastern District of Louisiana, No. 2:10-md-02179.

(Reporting by Moira Herbst; Editing by Gary Hill)

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