Claimant ID 100187576 v. BP Exploration & Production, Inc.

Summary

The Fifth Circuit affirmed the district court's denial of discretionary review of an Appeal Panel decision denying a Business Economic Loss claim under the Deepwater Horizon Settlement Agreement. The court held that the district court properly declined review where the claimant raised only a single-claimant accounting error regarding the treatment of customer mix data, not a recurring issue substantially impacting administration of the agreement. The opinion also clarified that the Customer Mix Test requires comparing non-local customer revenue to total revenue from profit-and-loss statements, and that adverse classification of unreconciled data is consistent with the Settlement Agreement.

Holdings

1. The district court did not abuse its discretion because the appeal raised only a single-claimant accounting error, not a recurring issue requiring resolution.

Questions Presented

1. Whether the district court abused its discretion in declining to review the Appeal Panel's decision affirming the denial of VLCA's BEL claim.

Disposition

affirmed