Dunedin Hires Law Firm to Investigate Possible BP Oil Spill Claim

A high-powered, national plaintiff litigation firm told Dunedin commissioners he'd have a draft claim against BP ready for Dunedin in about two weeks.

Kevin Dean, a lawyer from South Carolina-based Motley Rice LLC, reassured commissioners who had questions about being past the Jan. 18 deadline to file a claim for recovery costs from the 2010 Deepwater Horizon spill.

"It is a little bit of a concern," Dean said. "But I think we'll be OK."

He told city officials Feb. 7 that the statute of limitations doesn't technically expire until April 20. Dean said no case law on the technicalities surrounding a 90-day filing period under the Oil Pollution Act of 1990 exists, and he suspects judges would rule in the claimants' favor if it is challenged. 

"So until that date (April 20) passes or all the statutes of limitation expire, BP's not gonna come around with their government claims group and start working on these claims," Dean said.

Dean also represents Sarasota County, Pasco County, Madeira Beach, Indian Rocks Beach, Clearwater, and at least four other municipal or county governments in the area in the BP case.

"I think that it is something you should be doing," said City Attorney Tom Trask. "I think that there is a good possibility that in filing a claim there would be a recovery for the city of Dunedin."

Dunedin, after all, is a city in Pinellas County, the most popular tourism destination on Florida's west coast. Officials may be surprised to see how much of a claim the city can make, Trask said.

Trask, who also represents Madeira Beach, explained how its city commissioners thought they'd only be able to claim lost parking meter income, and were shocked to see how much they were truly able to claim.  

Dunedin commissioners agreed to allow Motley Rice to launch an investigation Thursday. Dean will work with Trask to determine through city finances how much of a claim may be made. 

"This is the first step," Trask said to Dunedin commissioners.

City leaders would decide after the investigation if they want to file suit.

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The law firm says that analysis from other claims point to a decline in tourism and maritime-related businesses. Those declines allegedly resulted in less taxable income for local governments and also an increase in municipal spending to prepare for the oil spill and offset tourism losses. 

The firm would charge the city between 15 and 33 percent of any recovery money, depending on the amount actually awarded, and if no recoveries are made, the city would owe nothing, the preliminary contract says. 

The Deepwater Horizon oil drilling rig, owned by Transocean and leased to BP, exploded offshore in deep waters outside Houston on April 22, 2010.

The tragedy killed 11 people on board the rig and caused an unknown amount of oil to gush continuously into the Gulf until July 15, 2010.

Gulf coast communities reported severe economic impacts. 

Motley Rice attorneys are famous for pioneering asbestos lawsuits, terrorist financiers on behalf of Sept. 11 families, and suits against Big Tobacco, according to Trask's memo.

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