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The following is part of a longer article in Reuters_News@Reuters.com:
Several academics and plaintiffs' attorneys said that, based on Barbier's ruling, settlements already made with the fund could be reevaluated. A court could invalidate the agreements or allow them to be renegotiated if claimants can prove there was deception on the part of the fund, said Monroe Freedman, a professor at Hofstra University School of Law and contributor to the Legal Ethics Forum, a popular legal blog.
The court's opinion makes it clear that Feinberg acted "misleadingly, at best," by saying he was independent of BP, Freedman said. "As a result, tens of thousands of claimants who were effectively defrauded will have the opportunity to open the settlements they entered into." In an e-mail, BP said, "We do not believe that there is any basis to undo or challenge the settlements that have been concluded." Feinberg declined to comment.
Full post as published by Legal Ethics Forum on February 10, 2011 (boomark / email).
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