Halliburton Energy Services, Inc./Transocean Punitive Damages & Assigned Claims Settlements

Overview

Distribution Timeline

DHEPDS Assigned Claims “Old Class” Payments

The initial distribution to Old Class members, consisting of all individuals and entities that have received a payment from the DHEPDS Court Supervised Settlement Program for compensatory losses associated with the Deepwater Horizon Spill, will be issued late this Fall assuming the Court enters an order in favor of distribution that is not appealed.

Quick Reference FAQs regarding the Old Class Distribution:

  • See FAQ 58 for information regarding Response Deadlines and Extension Requests
  • You will not receive a notice with your award amount or any other communication regarding this payment prior to issuance of the payment, assuming you have at least one eligible, previously paid DHEPDS claim.
  • Payments will be issued in the same manner as your original payment. This means, in most instances, if you had an attorney, your attorney will receive your payment. If you did not have an attorney, when your last payment was made, the check will most likely be sent directly to you. If you received a 1099 for your prior payment(s), you will receive a 1099 for this payment as well.
  • If you received multiple payments from the CSSP previously, you will still receive only one aggregate payment in this distribution.
  • Prior liens and bankruptcy trustee holds will be honored.
  • If you have moved or the claimant is now deceased, please review the forms available on the Administrative Forms tab of this website.
  • Claimants who had a claim that was not yet final as of July 9, 2018 (e.g. open response deadlines, a pending DHEPDS internal program appeal, an open discretionary review with the Eastern District of Louisiana, or had been appealed to the US Court of Appeals for the Fifth Circuit will not be included in the initial distribution and will be paid in a later distribution for Reserve Claims.
  • We will continue to post additional details as they become available, including the pro rata for payments and the timeline to expect checks.

HESI/Transocean Punitive Damages “New Class” Payments

A partial distribution for the New Class is scheduled to take place at the end of 2018, pending Court approval to move forward with distribution and assuming that there are no appeals of the Court’s order at that time. This distribution will not include payments for any claims that are part of the Real Property claim category, which includes Coastal Real Property, Wetlands Real Property, Real Property Sales, and Oyster Leaseholder. These claims will not be ready for distribution until early 2019, again, pending entry of a Court order approving distribution and no appeals of that order.

Quick Reference FAQs regarding the New Class Distribution:

  • See FAQ 58 for information regarding Response Deadlines and Extension Requests
  • New Class Claim Reconciliation letters are scheduled to mail in August 2018. All claimants, even those with an attorney, will receive this letter.
  • IF YOU HAVE AN ATTORNEY:
    • Your attorney will receive the same information that is in your letter and should respond on your behalf.
    • Please contact your attorney with any questions; the Settlements Program does not generally answer questions for individuals/entities with an attorney.
  • IF YOU DO NOT HAVE AN ATTORNEY:
    • YOU ARE NOT REQUIRED TO RESPOND to the New Class Claim Reconciliation letter, unless:
      • Your name, address, or other personal information in the letter is no longer accurate; if so go to the Administrative Forms tab to download the form needed to submit your update(s); and/or
      • Your representation/law firm listed is not correct; if so go to the Administrative Forms tab to download the form needed to submit your update(s); and/or
      • The letter indicates you need to submit a W-9; if so go to the Administrative Forms tab to download the form needed to submit your update(s); and/or
      • You reviewed the Claims Appendix and one of the following is true:
        • A previously paid DHEPDS Court Supervised Settlement Program claim is missing from the list, or
        • The value identified in the Claims Appendix does not match the “Base Compensation” value, typically able to be found in Line 1 of your last DHEPDS Eligibility Notice for the claim in question, which remains available in the DHEPDS Portal at www2.deepwaterhorizoneconomicsettlement.com if you were a Portal user;
        • A claim you filed using a New Class Claim Form submitted by the December 15, 2016, filing deadline is missing from the list.

    Only then do you need to file the included New Class Reconciliation Appeal Form.

    You may not use the New Class Reconciliation Appeal Form to reopen the determination on your prior paid DHEPDS claim(s). It may only be used to report an error in the data transfer process.

    Filing a New Class Reconciliation Appeal Form that is not necessary will create delays in finalizing your record and if you have other eligible claims, may keep you from being included in the initial distribution in 2018. Please do not file a New Class Reconciliation Appeal Form unless you meet the criteria above.

  • If you have both Real Property and non-Real Property claims eligible for the New Class you will be paid on your non-Real Property claims that are part of the partial distribution as long as the determinations on those claims are final at the time the Distribution Motion to the Court is prepared.
  • Any claims in process, pending appeal, or under Court review that cannot be determined in time to be included as final in the Distribution Motion to the Court will be held in reserve for later distribution.
  • If you have an attorney, he/she will receive your payment. If you do not have an attorney, your payment will be mailed to you.
  • Prior liens and bankruptcy trustee holds will be honored.
  • We will continue to post additional details as they become available, including the pro rata for payments and the timeline to expect checks

Please review the most recent Status Report for additional details. Status Reports are available for review on the Claims Administrators’ Reports page.

Deficiency Letters

The HESI/Transocean Settlements Program continues to mail deficiency letters for New Class claims on a rolling basis. Please make certain you are including your Claimant ID or a copy of the first page of your deficiency notice with your submission. If we cannot identify the claim to which a particular piece of documentation applies, it may result in denial of your claim. See Deficiency Letters on the Frequently Asked Questions page for more information.

Determination Letters

Determination letters advising on the eligibility status for the underlying sub-claims are also being sent on a rolling basis. If you disagree with the eligibility determination or valuation of the claim based on the Distribution Model, you may complete the Appeal Form included with your determination letter and return it on or before the response deadline. See Determination Letters on the Frequently Asked Questions page for more information.

New Class Court Review Determinations

Court Review Request decisions are posted on the Court Review Determinations page.

General Overview

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 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 also be accessed on this site.

Old Class Eligibility for Court-Appointed Neutrals’ Settled Claims

Per the Order and Reasons, the Court will consider a payment made pursuant to the Neutrals’ process to be an “amount paid to [a] claimant by the DHEPDS Court-Supervised Settlement Program” for purposes of the DHEPDS Class Distribution Model so long as that payment was related to a claim, which, at the time of settlement and withdrawal, had not been fully and finally determined by the Settlement Program (i.e., all opportunities for Re-Review, Reconsideration and/or Appeal to the extent permissible had not been exhausted) and thus remained subject to the CSSP claims process.