New Orleans, LA.
A three judge panel unanimously decided to dismiss BP’s request for en banc review of its challenge to the certification of its own settlement agreement. BP had previously argued vehemently in support of the settlement agreement in the trial court. But when settlement costs threatened to exceed by 20% or more of its original projections, BP lawyers backtracked and started arguing against the very settlement they negotiated. Read the Court’s order here.
Today the US Fifth Circuit Court of Appeal upheld class certification of the BP class action settlement. Two out of three judges rejected BP’s arguments and agreed with the trial court that class certification was appropriate.
Listen to oral arguments here.
On Monday, the US 5th Circuit Court of Appeal will hear the question of whether the BP class action settlement was properly certified by the trial court.
The trial court had approved the class for settlement purposes at the request of both the plaintiffs and BP. Now, BP is apparently hoping the class will be dismantled and the settlement will be thrown out. BP has still not yet paid BEL claimants what it had originally estimated.
Every 30 days, the BP Claims Administrator publishes comprehensive data relating to the settlement program. You can download a copy of the public report here: Court Report for July
On Monday, July 8, the US Fifth Circuit Court of Appeal heard BP’s arguments disputing the way the way business awards are being calculated. BP hired Theodore Olsen to argue their side of the appeal. Despite Mr. Olsen’s strenuous arguments to get out of the settlement, Judge Dennis replied that they had entered into a contract and he didn’t see how they could go beyond the four corners of the document to revise it to BP’s liking. The court did not indicate when it might rule on the matter.
The prescription acne drug Accutane has been said to be linked to numerous serious side effects including inflammatory bowel disease (IBD). Accutane-related IBD includes both ulcerative colitis and Crohn’s disease.
Ulcerative colitis causes the digestive tract to become inflamed producing pain and severe diarrhea. Symptoms of ulcerative colitis include weight loss, abdominal cramping, night sweats, cramping, bloody diarrhea and occasionally more serious complications such as dehydration and shock. Crohn’s disease most commonly affects the intestines but may also occur throughout the gastrointestinal tract. Symptoms of Crohn’s disease include loss of appetite, rectal bleeding, difficulty passing stool, watery diarrhea, pain, and constipation.
Zuprexa is a prescription drug used in the treatment of schizophrenia, dementia, and bipolar disorder. Zuprexa has recently been linked to a variety side effects including diabetes, pancreatitis, stroke, worsening Alzheimer symptoms, seizures, diabetic coma, ketosis, hyperglycemia, and Neuroleptic Malignant Syndrome.
A recent study, cited by the FDA, linked the use of the prescription drug Actos to bladder cancer. This risk is reportedly higher among men.
Studies have shown a possible link between the use of Fosamax (and other bisphosphonate osteoporosis drugs) and femur fractures as well as jaw problems. These femur fractures are considered atypical for those with osteoporosis and often occur when preforming non-strenuous activities such as walking or standing. Jaw problems that may arise following the use of Fosamax include a condition known as “dead jaw” or osteonecrosis of the jaw (ONJ). Dead jaw occurs when a patient is unable to hear following minor dental work such as root canals or crown placements. Symptoms of dead jaw include gum swelling, exposed bone, gum infections, loosening of the teeth, numbness of the jaw, and jaw pain. Dead jaw may lead to infections, fractures, and rotting. Surgery and antibiotic regimes are required to correct dead jaw and the condition is sometimes irreversible.