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	<title>Comments on: BP Oil Spill Litigation May Threaten Solution to Real Problem</title>
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	<link>https://real-agenda.com/2012/02/22/bp-oil-spill-litigation-may-threaten-solution-to-real-problem/</link>
	<description>Reporting to you without fear or favor.</description>
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		<title>By: Diane Castle, author of the Legal Thriller Black Oil, Red Blood</title>
		<link>https://real-agenda.com/2012/02/22/bp-oil-spill-litigation-may-threaten-solution-to-real-problem/#comment-6760</link>
		<dc:creator><![CDATA[Diane Castle, author of the Legal Thriller Black Oil, Red Blood]]></dc:creator>
		<pubDate>Wed, 22 Feb 2012 16:23:19 +0000</pubDate>
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		<description><![CDATA[Hey Luis! Good commentary. The good news here is that this is not a jury trial--it&#039;s a bench trial. So Judge Barbier is aware of all the evidence he&#039;s excluded. You know the old saying, &quot;You can&#039;t un-ring a bell?&quot; He can&#039;t un-know what he already knows. The exclusion of evidence would be a lot more damaging if this were a jury trial and the jury didn&#039;t get to hear it. Second, this is only the first phase of the trial. And a lot of the evidence he excluded for this phase will likely come in later during the part of the trial where they decide whether or not to award punitive damages. 

You&#039;re right-it is a shame that nobody knows the oil spill is still happening. The pictures coming out of the Gulf from citizen photographers these days just make your blood boil. The beaches are streaked with oil and foamy Corexit.  I could not believe that BP had 40 work boats out there studying the ongoing leak last fall, and then they just left--and nobody cared! (Details on Stuart H. Smith&#039;s blog, if anyone&#039;s interested.) 

Anyway, let&#039;s hope there IS a trial. I&#039;m terrified the Government will settle, and that would be very, very bad. We need whatever we can get in the public record!]]></description>
		<content:encoded><![CDATA[<p>Hey Luis! Good commentary. The good news here is that this is not a jury trial&#8211;it&#8217;s a bench trial. So Judge Barbier is aware of all the evidence he&#8217;s excluded. You know the old saying, &#8220;You can&#8217;t un-ring a bell?&#8221; He can&#8217;t un-know what he already knows. The exclusion of evidence would be a lot more damaging if this were a jury trial and the jury didn&#8217;t get to hear it. Second, this is only the first phase of the trial. And a lot of the evidence he excluded for this phase will likely come in later during the part of the trial where they decide whether or not to award punitive damages. </p>
<p>You&#8217;re right-it is a shame that nobody knows the oil spill is still happening. The pictures coming out of the Gulf from citizen photographers these days just make your blood boil. The beaches are streaked with oil and foamy Corexit.  I could not believe that BP had 40 work boats out there studying the ongoing leak last fall, and then they just left&#8211;and nobody cared! (Details on Stuart H. Smith&#8217;s blog, if anyone&#8217;s interested.) </p>
<p>Anyway, let&#8217;s hope there IS a trial. I&#8217;m terrified the Government will settle, and that would be very, very bad. We need whatever we can get in the public record!</p>
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