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Why All The Deepwater Horizon Cases May End Up In A Louisiana Court

Over the last week our office has been asked several times where we believe the cases arising out of the DEEPWATER HORIZON incident will end up being litigated. It is our strong belief that all cases related to the DEEPWATER HORIZON incident will end up in federal court in New Orleans. There are several reasons for this.

First, the environmental issues are just starting to be addressed by the court system. This week the first suit from individuals affected by the oil spill were filed in federal court in New Orleans. This suit was filed by fishermen whose businesses will be hurt and interrupted due to the oil spill. The federal court in New Orleans is the most likely courthouse to address the environmental claims which will no doubt arise over the next few weeks. The New Orleans federal courthouse is conveniently located in relation to the Louisiana, Mississippi, and Alabama coastlines. In all likelihood the Louisiana coast may be most affected by the oil spill which again gives Louisiana the most interest in hearing the cases.

In addition to the environmental claims which were recently filed in the New Orleans federal court, last week one of the first (if not the first) injury claim was filed in the New Orleans federal court. Very often the first suit that is filed gains some importance in terms of determining where other suits must be filed or will be consolidated.

Also, maritime law is federal in nature. Even if individuals attempt to file suit in state court, the ultimate law that governs their claims will be maritime law and/or the Jones Act simply because the DEEPWATER HORIZON accident occurred offshore. This means that most state courts may ultimately be required to transfer and consolidate the claims into the federal court which takes control over all of the claims. Within federal court, the claims will be transferred and assigned to an individual court for efficiency and consistency.

While having all claims consolidated in one courthouse means the case will grow large, there are also many benefits to doing so. This allows a single judge to take charge over the claims and, in our belief, he may separate the injury claims and hopefully place those on a fast track to have them resolved within a reasonable period of time. This also allows the judge to make single, consistent rulings throughout the cases. Our office has taken part in many multiple-party, complex litigations and while such large suits can seem intimidating at first, there are many benefits to be gained by having a single judge handle all claims.

You may have questions or concerns about your future right now. Our office can help answer those questions and discuss your options with you. Simply fill out the short form below to get started. We will contact you immediately and give you our thoughts on your situation based on helping hundreds of clients throughout the Gulf South. There is no high pressure sales talk. Just us giving you our thoughts on your options and your rights. Fill out the form below and learn you options.