Jan 8, 2014|
Garland talks with Blaine LeCesne of Loyola University about BP's latest claims about the victims of the oil spill.
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Automatically Generated Transcript (may not be 100% accurate)
I admit it's probably. Just me. May not have the ability to understand this but the BB battle in court. Over the macondo wall oil -- -- getting more more bizarre here's the latest in the bin many of them. -- address this in New York. It's as over the past few months have been sharing our concerns BP concerns. About the mounting problem with the adminstration the gold settlement ranging from broad -- and huge additional payments. The only remorse or it's concerns about people's -- to be in charge of the -- program. Their disappearance. And they -- as this that -- of -- settlement program senior officials. Chief Executive Officer result. Chief operating officer was. Appeals coordinator -- Claimed cultural legal advisor Herman Cummings counsel legal advisor resulting. And some of what's going on here. The so -- programs you OC Euro recently resigned after reports had been entertain their subordinates. At -- New Orleans triple. Constraints reply problems -- that -- -- -- watered more than 550000. Dollars during the period. They were frequent thing yet. So when I say this is confusing to me. Brinkema read a alike minute you have yours for Oprah and I have always says Hurd didn't say we tell our clients. Don't -- public statements. Don't say anything where you can -- for. If you do it can be used again from court and Cuban law and there -- court. Is being. Rule over. By a federal judge. And robbers moving that they do anything aggravates him. He has the ability. To -- them. At higher amounts. So if it's all kind of confusing to me and yes. We did as BP you'd be on the show and support I think with no response but we did have been but doubling in the low. The sin. Long law approach to propose -- have agreed to gives -- -- and the veterans in this. Professor welcome -- appreciated done well thank you for having any of this surprise that you. Now about it now it's it's a very you know confusing. Scenario and it's it's difficult to explain -- -- time period that we have it. That atrocities year listeners some perspectives going on here. BP. You know as we don't know agreed to this. Multi billion dollar settlement to compensate businesses that where. Hurt or suffer economic loss as a result of the -- And the -- it was a very you know generous settlement by everyone's admission and it was. A fair and reasonable settlement according to you know BP's -- Briefs to the court asking the court to approve it. And the pardon me -- hoping that BP and the plane steering committee. All hill and to and Oprah is this settlement in 2000. Yeah they -- they sang coup by signs that this is the great settlement in the -- mass tort litigation and it's a wonderful thing grant date for the -- of the the. That -- that settlement after a couple of months because no qualms with the laid claim to being processed thankfully they're being processed now. But distorted the bills tomorrow and so. BP decided that we put -- this is costing us way too much money. And so they implement a strategy to. Uproot and effectively shut down the subtle but it's such it's a multi pronged attack. But the attack is anchored by massive public relations campaign. That's intended to discredit and vilify the claimants. That are seeking compensation. Are under the very clear terms of the settlement not to question and quality of the claims administrator Patrick you know -- -- the settlement. And it -- take a couple of potshots at the judge who has overseen the whole process. And in doing so Whitney. Very effective campaign that is riddled with distortions in the window and in some instances as well -- slides. And so they they throw -- things like strip club scenario. Suggesting that because a couple of employees. Mind you -- claims administration process. Implicates hundreds of employees at the -- a couple of employees chose to frequent. -- strip club that also happened to be paid legitimately. Under the -- process. That somehow that suggest. The option of the process collusion between those employees and and strip club. Is Donald writes speeches and did inject. Employees kept going to stream business for example like. Restaurant tour. Q stool and and purchase services and goods from from those distances. Who also happened to get paid under the settlement are -- suggesting that that's somehow. He is represented here all of rampant fraud and and and and payment of claims that should not be paid. So it's it's it's going to be sort of typical -- opinion by -- Good public affairs. Media consultant that they -- -- -- of former. Kind of -- Press Secretary so he's well well versed in the and the reason. Rough and tumble. The political skewing. Or I should they skewing of political positions in these -- with those skills over to assist BP. In creating. This misimpression. That's the settlement is -- -- that with fraud. Greedy trial lawyers and undeserving -- and that's throughout the Gulf Coast region but particularly here that we yeah. So important. That the agent a -- into -- Receiving. Any payments. Sends a message that. The majority of such statements or being given to. Similarly undeserving play so it's I had the best way to put it is that. They've taken attack in -- is convicted felon in plead guilty. To manslaughter and a host of in -- criminal environmental violations so. They are literally convicted felon who turned the tables on the victim and is now blamed them for its legal problems. That's what's going on here and the plaintiffs. Don't have any mechanism. For four. Uncovering distanced itself to future in this that -- propaganda machinery that they've BP. It's funding to -- about half a billion dollars. Because as you correctly put -- at the outset of the show -- the lawyers to speak out because -- in litigation in the impounded by. Certain ethical requirements and and and who requirements imposed by the judgment is absolutely constraint. Their -- and not talking it's BP decline and if we do with a variety. Wish to do and say about their plight. And they -- very -- find it so what's a one sided story that your listeners are here and it's highly distorted one at that. From -- don't own world it's sort of what is it 2113. Questions for. As each and every one week. Stay -- its governor bill bigger celebrity immoral to -- Welcome back we're considering the the BP's if you would choose to leave court. And the fact that a big he has taken out full page ads and going better. Don't lose in the settlement program. Taken -- -- on. Will -- -- that they think report from all and people would be in this settlement programs that ripped the ball like going news room. -- that. It's for a tour and rip the ball and it's. That blurry and -- national campaign. To make it looked like. We're in Louisiana or and cold drug Maria. A crook that report well. To better understand that -- preferably in there and with the so moral -- proposed. Request her help. A -- are you saying. If nothing else dozens of very effective camping right. Absolutely are currently here's -- court. BP. Turned around after the its -- and an agreement. Bet that after -- -- her to do and it's a legal document and so when people -- into it would agree we're gonna go along with the pro whipping through that spread. In the turnaround it's you know we thought it was going to be seven point eight billion. It's been two reported billions so or we think -- can you point one billion. So they go to the fifth circuit court of news through George. And they say distant -- we don't like. Now here's my question. If you guys signed an agreement. Where you're suing me and it's okay. To go along with this -- -- pattern agree that your. And I signed it and I go to detergents and with the proposed wouldn't really error and and I don't think things that are happening repair. And nothing to sort of that your. Absolutely not that you can't go to the Dutch say the Bart it is in turning out quite the way I expected to -- -- give me. You can't do that that would defeat the whole purpose for having a contract. But they get to but I wouldn't be able all right -- the went to the instruments and record -- -- a conservative. Panel of federal judges. Loren ball whole -- -- is the idea and all we went through high school. But -- had this crazy idea that legal action didn't look through things in the prism of conservative. And liberal. But the conservative. Judges turnaround. And tell George Formby. You know you -- legal agreement. -- consider BP's argument. Businesses. Should not be compensated and left the control oil spilt our laws are law. So we've got a legal agreement the BP. Get to. At least. Try to overturn. We've got a criminal justice system that is not down that road it's conservative liberal. None of which we voters would be allowed to. Tell me where -- well. You are unfortunately accurate at all viewpoint -- would be. In you know I I can't. Speculate as motivation of the court in a systems BP in its efforts to overturn an ironclad what is otherwise an ironclad settlement. I can't say that it -- conservative well you'd want to. Lead towards. -- I can I can say that they've just regarded in doing so. Axiomatic principles of contract interpretation. Operation of law student. Would look at this issue and see that BP doesn't have a leg to stand on legally. That's its contracts won awards. So it's mystified as to how the court can can rule as it did in the fifth circuit. Okay and -- to help me here for. Description very good for judge Bork is the big dog in this is enough. Well he used the big Dachshund he's -- the judge appointed by the multi district litigation can handle. This massive litigation. Deeply thought the the price says I'm going to be about seven point -- deal and now they're projecting. Dubious about a half billion. It's only been three point eight billion so far right. But. I read some -- you were honor this could end up being 20/20 530 bill. No no place. In fact whatsoever that -- it is and another example of distortion and exaggeration. And hyperbole. But when they say that. Or they not bloodless lips lips it's disallow them -- even brought that part. When BP goes back to show. Doesn't this judge have -- -- Tuesday or determined. -- -- and you per barrel oil based on certain parameter. Warren -- could be program -- -- which could be really expensive. -- -- -- -- Are. It is -- indeed questionable strategy to ruffle feathers feathers -- the person who's going to be deciding other major issues of liability exposure but. Judge Barbie is going to base his decision as he always does. On the law and on the facts and he will not hold it against BP that they -- And misrepresented. In essence. There interpretation of the settlement and what they agreed to in the settlement. People not to hold it against them that -- actually. I think questioned the judges neutrality in this case he's he's. Rachel IG index and probably that did the best judge in the country to decide this case. So -- use that conservative liberal what is wrong I actually follow an awful hard good. You look at -- in the legal benefits jumped on the era. -- -- -- and the other thing former FBI director at that -- -- probably. -- please. Do old debate the reporter on this and it's due to come out the week right. That's right. What kind of book that does that have -- George or. It depends on what he concludes the initial report was. Are largely an indication that the settlement process was working well that it was a player settlement. It was entered into you know include -- by both BP and -- the steering committee. Not with staining that the fact that he found a -- ethical violations. That the process should continue. And that the claims should continue to be paid pursuant to that process. So. He -- financial problems -- -- couple of bad apples if the allegations or turned out to be true but then again or ethical improprieties. Not fraudulent. Conduct not. Being on dessert -- he did it -- so. Blithely say that one and foolish from playing troopers putting claims that. Appeared to be inflated and that that did not. Lineup with the federal tax returns which unsigned and he conceded those -- suspicious but he he reserve judgment on what they were indeed. Inappropriate -- to be paid. But those claims were actually reviewed by BP and an an agreed to in BP pay those court. So. The Specter potential fraud that he totaled. After months of investigation in a hundred pages. Findings is the the potential that a a handful of shrimpers may have inflated economy. But that that -- finding where that. One of the law is working for the claims administrator be able to disclose conflicts of interest because he had. A financial interest in some of the plane that's that it claims pending before the the claims administrator. And and and that isn't that if it turns out to be true and the person who was. Alleged to have failed to disclose these conflicts vigorously contest but he failed to do so Oprah. For the sake of argument assuming it's true. That is any lack of professional. Discretion and it's an ethical violation I don't mean to minimize it. In terms of its impropriety as an ethical violation but it is just that now BP took that. And -- state they'd take trumpeted that and minimal fine. Not that it's -- -- unbearable problem -- ethical violations are always you know undesirable. But they took that -- and and suggested that that supports this view that the entire process is corrupted and that there. Millions hundreds of millions of dollars being paid. Two fraudulent -- And and that's just not the true and I attempted to you know clarifies. BP's exaggerations those findings and you know but he date did take kindly to that. Professor you have ten year. Yes if you let. Us edit my. You're you're you're -- and all oh I must say a -- do -- the new I called and -- tell me humble. In -- -- I do is very this controller. I wish that that you are protester at the lower lower revenue and true thank you so my pleasure talking. Right.