Why We Believe You Should File A Short-Form Joinder Before April 20, 2011

We believe that, as a general proposition, for the overwhelming majority of cases, you should file on behalf of yourself or your clients by April 20, 2011.

The Court has set a deadline of April 20, 2011, for all claims against Transocean which may be subject to limitation. Moreover, the issue of Transocean's attempt to limit its liability will be tried in February of 2012 together with the liability of BP and other defendants, and the issue of "gross fault" or entitlement to punitive damages. People who do not file by April 20th will not be able to participate in the trial and may later be prejudiced in asserting their rights.

It is important to understand that while, in the typical situation, a pure Oil Pollution Act ("OPA") claim might not be subject to the Limitation complaint filed by Transocean, claims under both State Law (including the liberal Florida Oil Pollution Act) and General Maritime Law are subject to the Transocean proceeding.

Moreover, while the typical limitation proceeding might only address Transocean's attempt to limit its liability, it is impossible to predict the implications of Transocean's 14(c) tender to the plaintiffs of BP and the other defendants, and the assertions of cross-claims (including contribution, subrogation and indemnity of OPA and State Law claims) by BP and others within the Limitation, to be tried together, along with fault, gross fault, and allocation. There are complex and largely res nova issue of preemption, presentment, preclusion, mandatory joinder, claim splitting, choice-of-law, statute of limitations, collateral estoppel, and res judicata which will not be resolved by April 20, if ever.

There is also a collective advantage - and an advantage to most if not all individual claimants - in achieving "critical mass."

There are likely other procedural and practical advantages to be gained by joining an OPA claim with General Maritime and/or State Law.

It may be true that proceeding in the GCCF alone may be the best course of action for some people with small claims, limited standing, or who are in necessitous circumstances. However, we believe that the overwhelming majority of claimants will be better off by filing suit in Court (even while also potentially pursuing OPA claims in the GCCF with BP).

We encourage you to file a Short-Form Joinder by April 20, 2011.



	HOME PAGE THE FIRM ATTORNEYS PRACTICE AREAS REPRESENTATIVE CASES OUR CLIENTS FIRM NEWS & EVENTS STAFF & FACILITIES PRESS CONTACT US SEE ALL THE LATEST ON HHKC TV Chinese Drywall Press Conference		Why We Believe You Should File A Short-Form Joinder Before April 20, 2011 We believe that, as a general proposition, for the overwhelming majority of cases, you should file on behalf of yourself or your clients by April 20, 2011. The Court has set a deadline of April 20, 2011, for all claims against Transocean which may be subject to limitation. Moreover, the issue of Transocean's attempt to limit its liability will be tried in February of 2012 together with the liability of BP and other defendants, and the issue of "gross fault" or entitlement to punitive damages. People who do not file by April 20th will not be able to participate in the trial and may later be prejudiced in asserting their rights. It is important to understand that while, in the typical situation, a pure Oil Pollution Act ("OPA") claim might not be subject to the Limitation complaint filed by Transocean, claims under both State Law (including the liberal Florida Oil Pollution Act) and General Maritime Law are subject to the Transocean proceeding. Moreover, while the typical limitation proceeding might only address Transocean's attempt to limit its liability, it is impossible to predict the implications of Transocean's 14(c) tender to the plaintiffs of BP and the other defendants, and the assertions of cross-claims (including contribution, subrogation and indemnity of OPA and State Law claims) by BP and others within the Limitation, to be tried together, along with fault, gross fault, and allocation. There are complex and largely res nova issue of preemption, presentment, preclusion, mandatory joinder, claim splitting, choice-of-law, statute of limitations, collateral estoppel, and res judicata which will not be resolved by April 20, if ever. There is also a collective advantage - and an advantage to most if not all individual claimants - in achieving "critical mass." There are likely other procedural and practical advantages to be gained by joining an OPA claim with General Maritime and/or State Law. It may be true that proceeding in the GCCF alone may be the best course of action for some people with small claims, limited standing, or who are in necessitous circumstances. However, we believe that the overwhelming majority of claimants will be better off by filing suit in Court (even while also potentially pursuing OPA claims in the GCCF with BP). We encourage you to file a Short-Form Joinder by April 20, 2011.