BP Exploration & Production, Inc. v. Claimant ID 100166533

The Fifth Circuit affirmed the district court's denial of discretionary review in an appeal of claims submitted to BP's Economic and Property Damages Settlement Agreement. The court held that the reviews conducted by the Claims Administrator and Appeal Panel were consistent with the court's recent decision in Texas Gulf Seafood, BP Expl. & Prod., Inc. v. Claimant ID 100094497, 910 F.3d 797, 799 (5th Cir. 2018). In this case, the Appeal Panel did not defer to the claimant's "Management Fee" label as prohibited by Texas Gulf Seafood. Rather, the Appeal Panel conducted its own de novo review of the expense classification, considering the substantive nature of the Management Fee, and determined that the Management Fee was a fixed cost rather than a variable cost. The court also held that BP's arguments regarding the substantive accuracy of the "fixed" classification only raise the correctness of a fact-dependent decision in a single claimant's case. Therefore, the district court did not err in declining to grant discretionary review to determine whether the Claims Administrator and Appeal Panel accurately classified the Management Fee expense. View "BP Exploration & Production, Inc. v. Claimant ID 100166533" on Justia Law