Published on February 11, 2011 | by LawNews
Prof. Monroe Freedman: A Court Could Invalidate Certain BP Claims
By Moira Herbst
February 10, 2011
But several academics and plaintiffs’ attorneys said that, based on Barbier’s ruling, settlements already made with the fund could be reevaluated. A court could invalidate the agreements or allow them to be renegotiated if claimants can prove there was deception on the part of the fund, said Monroe Freedman, a professor at Hofstra University School of Law and contributor to the Legal Ethics Forum, a popular legal blog.
The court’s opinion makes it clear that Feinberg acted “misleadingly, at best,” by saying he was independent of BP, Freedman said. “As a result, tens of thousands of claimants who were effectively defrauded will have the opportunity to open the settlements they entered into.”
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