Turner v Murphy Oil Proposed $5 Million Distribution of Settlement Compensation

Published on May 2016 | Categories: Types, Government & Politics | Downloads: 26 | Comments: 0 | Views: 172
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WITHOUT PREJUDICE-SETTLEMENT

COMMUNICATION

CY PRES/OUT OF AREA CASES PROPOSAL

$5 million left over in Class Settlement Compensation Program. $3 million dedicated to charitable purposes/cy pres distribution. Cy Pres Committee will consist of Sidney Torres, Bobby Klees, Danny Dysart and Carl Zornes (Murphy head of community affairs). Committee will make recommendations of potential uses of cy pres funds. Potential uses include: a. b. c. d. e. f. Healthcare Recreation Education Wetlands Oil Spill Buyout Zone neighborhood landscaping/beautification (Andre Neff) Recognition/memorialization of Murphy oil spill stakeholders, residents, parish officials, attorneys, etc.

2,500 out of area cases (individuals). 3 zones: a. b. c. Kaltofen zone - $1,500 per person Aycock Street-Meraux Pasture - $600 per person Rest of St. Bernard Parish - $250 per person

Total settlement is $2 million assuming all out of area plaintiffs participate. This $2 million will be paid out of class settlement surplus funds. To the extent $2 million is not used, that money will revert to cy pres fund. Murphy will contribute up to $800,000 in new funds for attorney fees/costs associated with settlements of out of area claims. These amounts will be paid at contract rates for those out of area claimants who participate in settlement. Murphy will issue offers of judgment for an amount less than the settlement offer for those wishing to litigate. Murphy will seek entry of a Lone Pine Order for those who reject the settlement offer and wish to litigate their out of area claims.

Again, for those out of area claimants who reject settlement, the amount of their settlement will be directed to the cy pres fund and used for charitable purposes in accordance with the recommendations of the Cy Pres Committee and rulings of the Court. If the proposal is accepted, Murphy will dismiss its Notice of Appeal to the Fifth Circuit on the issue of reversion/reallocation of the entirety of the $5 million in surplus class settlement funds.

US DC Records

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Tank 250·2 Roads Out of Area Claims (10.7 square miles) Kaltofen Boundary (5.1 square miles) Turner Class Boundary (2,6 square miles)

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USDC Records in Saint Bernard Parish

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