Jere Beasley Report
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MAY 2 016 Distributed to over 40,000 subscribers each month BeasleyAllen.com I. well, Parker Miller and David Byrne (who located across the Gulf States and they now works in our Mass Torts Section) obtained very good settlements for CAPITOL spent months away from their families these clients. helping clients hold on through the It is important to note that the primary OBSERVATIONS darkest days of the disaster. lawyers involved in the BP litigation have Before the Multidistrict Litigation been supported by other lawyers and (MDL) was formed in New Orleans, staff in our firm over the course of the THE DEEPWATER HORIZON OIL SPILL LITIGATION Beasley Allen was one of the first firms effort. Ryan Kral, William Sutton, Rick IS IN ITS FINAL STAGES to file a lawsuit against BP. By October of Stratton and Jeff Price have worked, and 2010, our lawyers had filed a number of continue to work. many long hours in Six years ago this month, the American lawsuits on behalf of those damaged by this litigation. They have played a major people bore witness to the most devas- the oil spill. The firm was also hired to role in the recoveries obtained for the tating environmental disaster in United assist then Attorney General Troy King clients. Other lawyers have also played States history. Just off the coast of Louisi- in the filing of Alabama’s lawsuit. important roles on behalf of the firm’s ana on the night of April 20, 2010, the This filing turned out to be extremely private clients, including Jenna Fulk, Deepwater Horizon oil rig was complet- important to the outcome of the entire Will Fagerstrom, Evan Loftis, Bea Sellers, ing drilling operations when a number of litigation. and Ben Gibbons. We also have talented catastrophic explosions ripped through In looking back over these past six legal assistants, secretaries, and other the drilling rig. Eleven people died that years, I am very proud of the work our administrative staff who played a key night. The fireballs from the explosion firm did in this once-in-a-lifetime case. were so large that fishermen observed Rhon Jones was appointed as a member IN THIS ISSUE them from miles away. Two days after of the oil spill Plaintiffs’ Steering Com- the explosion, the rig—a once-hailed mittee (PSC), and he tirelessly worked on I. Capitol Observations ...............2 technological marvel—sank into the almost every facet of the litigation. II. More Automobile News Of Note .......3 depths of the Gulf of Mexico. Parker Miller served as Rhon’s second During the following days, attention chair on the committee, and was III. Drug Manufacturers Fraud Litigation ...6 quickly shifted to whether the rig or the involved in numerous PSC initiatives in well was leaking oil. Initially BP claimed New Orleans. John Tomlinson became a IV. Purely Political News & Views ........6 there was no leak. But later BP estimates major contributor to the unprecedented V. The National Scene ................7 on the spillage, which initially was 1,000 economic assessment and was intricately gallons, ballooned to tens of thousands involved in the negotiations that led to VI. The Corporate World ...............7 of barrels of oil per day. Gulf Coast resi- the landmark multi-billion dollar private dents watched helplessly as efforts economic settlement. Chris Boutwell VII. Whistleblower Litigation ............8 during the following weeks to cap the played a key role in the PSC’s environ- well failed. Plumes of oil were so massive mental assessment, the vetting of VIII. Product Liability Update ............9 they were visible from outer space. Fish- environmental experts, and the property IX. Mass Torts Update ................12 ermen, hired to participate in the oil damage frameworks of the private spill cleanup, were so taken aback by the settlement. X. Business Litigation ................16 miles of oil-covered ocean that some The work of our lawyers and support committed suicide upon return- staff helped the PSC ultimately reach a XI. An Update On Securities Litigation ....17 ing to port. settlement with BP that has paid private XII. Insurance and Finance Update ......17 Oil began hitting the barrier islands of claimants billions of dollars. Our lawyers Alabama in May 2010, and by around have represented in excess of 4,000 XIII. Employment and FLSA Litigation .....19 Memorial Day 2010, the oil slick came private claimants in the claims process, ashore—essentially ending Alabama’s and they helped recover tens of millions XIV. Premises Liability Update ...........19 Gulf Coast tourism season before it ever of dollars in compensation for XV. Workplace Hazards ...............19 began. Businesses and individuals were our clients. devastated. Fishermen were left to clean We also were the leading private firm XVI. Transportation ...................21 up oil in order to put food on the table behind the State of Alabama’s litigation for their families. Local and state govern- with BP and others. Rhon Jones super- XVII. Environmental Concerns ...........23 ments lost millions in tax revenues, and vised that effort and led settlement nego- XVIII. Update On Nursing Home Litigation ..24 precious resources from Louisiana to tiations for the State. Parker Miller Florida were heavily oiled. This was a spearheaded the day-to-day litigation XIX. An Update On Class Action Litigation ..25 disaster I never believed I would see in efforts for Alabama against BP. Rhon and my lifetime. Parker, along with Beasley Allen lawyers XX. The Consumer Corner .............26 For those of us that experienced the Jenna Fulk and Rick Stratton, were depu- XXI. Recalls Update ...................28 oil spill in 2010, it is a time we will never tized as Deputy Attorneys General for forget. Our firm started receiving phone the State of Alabama to handle the litiga- XXII. Firm Activities ...................35 calls from fishermen and seafood proces- tion for the state. The hard-fought $2.3 sors within just a few days after the oil billion settlement for Alabama represents XXIII. Special Recognitions ..............37 spill. Within a week, the demand for arguably the most significant settlement legal representation skyrocketed. Our in Alabama’s history. In addition to the XXIV. Favorite Bible Verses ..............38 Environmental / Toxic Torts Section was Alabama case, Rhon Jones and Grant XXV. Closing Observations ..............38 tasked to manage the case for the firm. Cofer, another of our lawyers, repre- Rhon Jones, John Tomlinson, Chris Bout- sented numerous local governments XXVI. Parting Words ...................39 2 BeasleyAllen.com role in our efforts and were instrumental mental in ensuring the State received continue to negotiate and iron out all of in helping obtain justice for our clients justice in the form of damages in this the details of the proposed settlement. in this important matter. matter. If you have any questions about Consumers and other interested parties With the oil spill litigation now the settlement or any aspect of State of will have ample opportunity to review drawing to a close in New Orleans, I Alabama’s lawsuit, contact Parker Miller the proposed settlement once it is made would be remiss if I did not mention the at [email protected] or public. The court will not approve any outstanding work the Judges and their 800-898-2034. settlement until there has been an oppor- staff did in this litigation. The oil spill tunity for public review and comment. MDL is arguably the largest, most Judge Breyer will follow-up on the complex MDL in United States history. progress of the settlement negotiations Judge Carl Barbier and Judge Sally II. at the next status conference, which is Shushan, along with their staffs, deserve MORE scheduled for May 19. Also, Judge Breyer tremendous credit for their hard and set a June 21 deadline for the United effective work. To reach the point where AUTOMOBILE States and Volkswagen Defendants to file we can begin to say that major litigation a consent decree outlining the settle- is coming to an end in only six years is NEWS OF NOTE ment terms, and for the Plaintiffs’ Steer- simply incredible. By comparison, the ing Committee to file a motion for Exxon Valdez oil spill litigation took preliminary approval of a class-wide set- decades to resolve. Achieving a record TENTATIVE VOLKSWAGEN EMISSIONS SETTLEMENT tlement. The hearing on class settlement settlement—in record time—is a tremen- ANNOUNCED approval will be held on July 26. dous accomplishment and it will be Judge Breyer noted outstanding issues recorded historically in that manner. We The framework has been reached for a with respect to resolution of claims that are humbled and also proud to have been settlement concerning 480,000 Volkswa- are pending related to Volkswagen/Audi/ a part of this matter. gen and Audi vehicles, according to Dee Porsche vehicles with 3.0 liter engines Miles, who heads up our firm’s Con- and with governmental fines and penal- sumer Fraud and Commercial Litigation ties. We expect progress toward resolu- Section. Dee is a member of the exclu- CONSENT DECREE ORDER APPROVES ALABAMA tion of these claims over the next several sive Plaintiffs’ Steering Committee (PSC) weeks. Claims of auto dealers and Volk- SETTLEMENT selected to lead the litigation against swagen investors, and a criminal probe Volkswagen, Audi and Porsche following As a follow-up to the above, on April 4, remain ongoing. revelations that the manufacturers 2016, Judge Carl Barbier entered an order The Court has created an official cheated to pass emissions tests on many granting final approval of the consent website for the Volkswagen litigation: diesel vehicle models manufactured decree lodged jointly by the Federal Gov- http://www.cand.uscourts.gov/crb/ since 2009. ernment, BP and the Gulf States. As we vwmdl. This website contains the com- The tentative settlement was agreed to reported previously, confirmation of BP’s plaint, pretrial orders, and dates for in principle by the U.S.