When the BP Deepwater Horizon drilling rig exploded in 2010 and spewed many millions of gallons of oil into the Gulf of Mexico, the disastrous spill damaged the economy, devastated the environment and required thousands of regular people to help clean it up. Those hired workers picked up tar balls on the beach, deployed booms from boats to soak up oil and rescued injured wildlife. Many of them got sick, but a settlement was supposed to help.
Workers have fared poorly in federal court. The Nations Law Firm, for example, represented huge numbers of workers and had collected medical evidence believing that would help clients receive more than the settlement's $1,300 minimum through the claims process. But when those workers were forced to file lawsuits, BP alleged in a Mississippi federal court that the firm manufactured medical diagnoses. Then Nations agreed to dismiss cases by the dozens.
The Downs Law Group, which has lost hundreds of cases against BP, is pursuing appeals in two federal circuit courts, hoping they'll rule district judges have misconstrued the level of proof needed for toxic exposure cases. One of those judges said the issue is “very ripe for the Supreme Court to resolve.” “It has a broader reach than the BP oil spill,” said Jason Clark, a Downs attorney.