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Feinbergs Lawyers Respond to GCCF Critics: Barbier has no authority over process

Attorneys for Gulf Coast Claims Facility (GCCF) administrator Kenneth Feinberg have filed a second formal response to critics in the BP oil spill multidistrict litigation (MDL).

Filed by New York City attorneys David Pitofsky and William Sheehan yesterday in federal court in New Orleans, the response states that the GCCF process “is working effectively” and the court has no authority to intervene.

The memo comes as a response to Mississippi Attorney General Jim Hood’s request that U.S. District Judge Carl Barbier, who is overseeing the BP MDL, intervene in the GCCF and audit the oil spill claims process.

“The court does not have the power under the Oil Pollution Act to impose upon the GCCF the monitoring sought by the attorney general,” Pitofsky wrote.

Any court intervention would “chill the ability of GCCF personnel to work expeditiously without fear of running afoul of an independent auditor,” the memo claims.

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