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Posted by on Oct 9, 2013 in News |

BP Seeks Review of Settlement Terms Which May Affect SWFL Businesses

BP Seeks Review of Settlement Terms Which May Affect SWFL Businesses

Attorney Frank Aloia, Managing Partner at the law firm of Aloia Roland & Lubell, LLP who has made it his mission to work with local business owners to recover money that may have been lost due to the BP Oil Spill, announces that an update to BP litigation may affect the deadline for local businesses to file claims of economic loss due to the BP oil spill. The firm is now recommending that local business owners who may have been waiting to file a BP oil spill claim, act now, as it may be their last chance to seek compensation for economic loss.

In November 2012, Judge Barbier, the Federal District Court Judge handling the BP litigation settlement, found the BP Settlement Agreement to be fair and certified the settlement class. There were several objectors to this action, and some of the objectors filed an appeal of Judge Barbier’s ruling to the Fifth Circuit Court of Appeals. That Court has just granted an expedited review of the class certification issue and has set an oral argument in the matter for November 4, 2013.

There is some concern that the class, as certified by Judge Barbier, may be overturned by the Court of Appeals. Under class action law, there are many requirements necessary for a class to be certified, including a commonality among all of the class members. Because this BP settlement class is so large, covering the geographical area from the Florida Keys across the Northern Gulf Coast to Texas, there are many diverse types of claims that are causing some to fear that the Fifth Circuit Court of Appeals may have a hard time agreeing with class certification.

If the Fifth Circuit Court of Appeals reverses the class certification, this would put an end to the settlement program for all cases that have not yet been filed in the settlement. Therefore, in an abundance of caution, Aloia Roland & Lubell are recommending that all business owners who still desire to make a claim for their economic losses do so before November 4, 2013.

Frank-Aloia-Jr PIC

Attorney Frank Aloia, Jr.

“The attorneys at Aloia Roland & Lubell, LLP remain dedicated to helping local businesses who have been affected by the BP oil spill get the compensation they deserve. We want to communicate the importance of filing now in case changes are made on November 4th which impact the reimbursements your business is entitled to,” says Frank Aloia

Currently, local businesses have until April 22, 2014, to file a claim in the settlement if there is no adverse ruling on class certification.   However, because of this potential new deadline local business owners should consider filing now before it is too late.


Aloia Roland & Lubell, LLP serves clients throughout Southwest Florida in business and commercial litigation.  The firm is led by partners Frank Aloia, Jr., Ty Roland and Evan Lubell, an experienced team of attorneys who are committed to providing the highest level of service for their clients. Aloia Roland & Lubell, LLP has offices at 2254 First Street in Fort Myers, and 1716 Cape Coral Parkway East in Cape Coral. For more information, call 239-791-7950 or 1-855-SWFL-BIZ (855-793-5249) or visit

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