Bp Letter 062613
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Transcript of Bp Letter 062613
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7/28/2019 Bp Letter 062613
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Daniel A. Cantor
+1 202.942.5765
+1 202.942.5999 Fax
555 Twelfth Street, NWWashington, DC 20004-1206
June 25, 2013
VIAELECTRONIC MAIL
I write on behalf of BP Exploration & Production Inc. and BP America Production
Company (collectively BP) in connection with the pending appeal before the United
States Court of Appeals for the Fifth Circuit in In re: Deepwater Horizon, No. 13-30315
(consolidated with No. 13-30329). You are receiving this letter solely in your capacity asthe counsel for your client in connection with claim
(the Claim) for which your client has received payment.
As you may know, the above referenced appeal concerns, inter alia, the interpretation of
the business economic loss (BEL) framework in the Economic and Property Damages
Settlement Agreement that was approved by the United States District Court for the
Eastern District of Louisiana on March 5, 2013. Reversal of the district courts ruling
regarding the methodology for calculating Variable Profit, and subsequent application of
the correct interpretation of the settlement agreement, could reduce the number andamount of awards that BP has been deemed to owe to BEL claimants. If BP prevails in
that pending Fifth Circuit appeal, therefore, BP expects that the Claims Administratorwill fulfill his fiduciary duties by seeking to recover all excessive claims payments made
by the Court-Supervised Settlement Program.
With this letter, BP notifies you that it reserves whatever rights it may have to recover the
payment(s) made to your client in connection with the Claim to the extent such
payment(s) exceed what would be owed under the proper method of calculating Variable
Profit as determined by the Fifth Circuit. BP reserves whatever rights it may have to
pursue any legal method to recover such overpayments.
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