Halliburton Energy Services, Inc. and Halliburton Company (“HESI”) and Triton Asset Leasing GmbH, Transocean Deepwater Inc., Transocean Offshore Deepwater Drilling Inc., and Transocean Holdings LLC (“Transocean”) each entered into separate settlement agreements with the New Class, which total $1,239,750,000. These settlements will be administered together to decrease administrative costs to the New Class.
There are two groups included in the HESI/Transocean Settlements, the New Class and the Old Class (it is possible to be a member of both Classes).
The New Class will receive punitive damages associated with the Spill based on physical damages to real property and personal property and, to a lesser extent, losses related to commercial fishing, charterboat operations, and subsistence fishing or hunting during the Class Period. Most New Class members will not need to file a claim or provide any documentation to have their eligibility considered.
The Old Class consists of hundreds of thousands of businesses and individuals who previously filed claims for economic losses associated with the Deepwater Horizon oil Spill through the Deepwater Horizon Economic and Property Damages Settlement (DHEPDS) Program.
A summary of Class Members’ Rights and Options can be accessed on this site. The HESI and Transocean Settlement Agreements are available for review or download. The Old and New Class Distribution Plans can be accessed on this site.
The Fairness Hearing to consider whether the HESI/Transocean Settlements were fair, reasonable, and equitable as well as certification of the Old and New Classes and the request for attorneys’ fees occurred on November 10, 2016, before the Hon. Carl Barbier. Presentations were made on behalf of the Parties, Plaintiffs’ Steering Committee, Old and New Classes’ Claims Administrators, and the Notice Administrator in support of approval. Objections were also heard. Judge Barbier refrained from issuing a decision from the bench, but advised at the hearing he anticipates he will grant final approval in the form of a written order.
Judge Barbier also noted he intends to extend the 25% cap on attorneys’ fees for counsel representing individual class members that was instituted in relation to the DHEPDS Program to the HESI and Transocean Settlements Program and will enter an order to that end in due course.
Court-Appointed Neutrals’ Settlements and Old Class Eligibility
It is anticipated that the scope of the Old Class Distribution Model will be formally extended as part of the final approval order to include DHEPDS Class Members who had filed DHEPDS claims that were subsequently settled with the Court-Appointed Neutrals. However, no such Order has officially been issued by the Court at this time.
New Class Claims Filing Deadline
The New Class Claims Filing Deadline will occur on December 15, 2016. This is a postmark deadline. Any claims postmarked or otherwise shipped after December 15, 2016, will be marked as late and may be rejected without review as a result. Claims will not be accepted by email.
As a reminder, there are some general rules regarding the Old and New Classes and whether a New Class claim form is required:
Old Class members who received a payment from the DHEPDS Program do not need to file a claim for either Old or New Class consideration. You will automatically be included in the Old Class distribution. Further, any claim “relevant” to the New Class will be transferred for consideration in the New Class automatically. New Class “relevant” claim types include: Coastal Real Property, Wetlands Real Property, Real Property Sales, Oyster Leaseholder, Commercial Fishermen, Charterboat Operator/Crew, and Subsistence.
Exception: Individuals/entities who received only a 40% Request payment to complete payment of their Transition Process award from the DHEPDS Program will need to file a New Class claim form for any relevant claim types as this DHEPDS claim type does not provide adequate details to allow for a New Class determination to be made.
- Old Class members who withdrew a DHEPDS claim to settle it through the Court-Appointed Neutrals process will automatically be considered for an Old Class payment, but MUST FILE a New Class claim form for a relevant claim type (as described above) to receive New Class consideration.
- Individuals/entities who Opted Out of the DHEPDS or were excluded from participating in the DHEPDS Program are not eligible to receive an Old Class distribution, but can file a New Class claim form for all relevant claim type(s) as described above for consideration for compensation under the New Class; review the Claim Form for additional requirements.
If you have questions about whether you need to file a claim or if you are having difficulty completing your claim form, please email your question and/or contact information to questions@GulfSpillPunitiveDamagesSettlement.com or call 877-940-7792 Monday through Friday 9:00am – 5:00pm Eastern Time for assistance. Please keep in mind that the volume of emails and calls will increase as the deadline approaches increasing call wait times and the response timeline on emails.
At the Fairness Hearing the New Class Claims Administrator advised Judge Barbier that the DHEPDS claims review process is tentatively anticipated to wrap up in September 2017. Based on this, distributions will not occur until at least that time, likely several months later. As the timeline for the Old and New Class distributions solidifies, that information will be posted.
We recommend that you periodically visit this website or call the toll free helpline at (877) 940-7792 for updates.
December 15, 2016
Claim Form Deadline
September 23, 2016
September 23, 2016