Karl Kleppinger Jr.’s family was one of the first to sue over deaths and injuries suffered by the 126 crew members who were on the rig when it blew out while drilling a well for BP Plc off the Louisiana coast. The explosion caused the largest offshore oil spill in U.S. history, with more than 4.1 million barrels of oil spewing into the Gulf of Mexico.

Bloomberg News reports:

“The Kleppingers have settled all of their claims arising out of the death of Karl Kleppinger Jr. against any current or possible defendants,” Steve Gordon, the family’s maritime lawyer, said today in an interview. “The Kleppingers’ claim against BP has concluded.”

The settlement was posted today in the docket of the New Orleans federal court handling suits arising from the explosion. Transocean attorneys and Gordon submitted a court filing asking for dismissal of the suit because of the settlement.

Gordon declined to disclose the amount of the settlement or who would be paying it. The claims are resolved “against all parties they sued or could have sued,” he said.

“The terms are confidential,” Ellen Barry, a Transocean spokeswoman, said in a phone interview today.

Kleppinger was a floor hand on the rig when it exploded.

Closed Chapter

“The Kleppingers have tried to close a very terrible chapter in their lives,” said Gordon, maritime lawyer of Gordon, Elias & Seely LLP in Houston. “It is time to move on.” Gordon also represents Transocean employees who were injured in the explosion. Those cases remain pending, he said.

The Kleppinger suit, filed in Texas state court, was removed to federal court in New Orleans and combined with hundreds of others seeking compensation for injuries and economic damages from the explosion and spill.

Daren Beaudo, a spokesman for BP, declined to comment on the settlement.

The case is In Re: Oil spill by the Oil Rig Deepwater Horizon in the Gulf of Mexico on April 20, 2010, 2:10-md-2179, U.S. District Court, Eastern District of Louisiana (New Orleans).

To contact the reporters on this story: Margaret Cronin Fisk in Southfield, Michigan, at mcfisk@bloomberg.net; Laurel Brubaker Calkins in Houston at laurel@calkins.us.com.

To contact the editor responsible for this story: David E. Rovella at drovella@bloomberg.net.

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Virginia Republican Attorney General Kenneth Cuccinelli filed a separate lawsuit in defense of a new state law that prohibits the government from forcing state residents to buy health insurance. However, the key issue was his claim that the federal law’s requirement that citizens buy health insurance or pay a penalty is unconstitutional.

Judge Henry E. Hudson ruled for the state’s claim that the requirement for people to purchase health care exceeds the power of Congress under the Constitution’s Commerce Clause.

Hudson’s eagerly awaited decision invalidates the requirement that all Americans purchase health insurance by 2014 or face a federal fine. Hudson’s decision is the first striking down part of the controversial legislation.

“It is not the effect on individuals that is presently at issue — it is the authority of Congress to compel anyone to purchase health insurance,” wrote Hudson who was appointed to the federal bench in 2002 by President George W. Bush. “An enactment that exceeds the power of Congress to adopt adversely affects everyone in every application.”

The Obama administration is likely to appeal Monday’s ruling to the Richmond-based Fourth Circuit U.S. Court of Appeals. It is widely expected that no matter the outcome before that court, the case will ultimately go before the Supreme Court, perhaps by this time next year.

In his ruling, Hudson wrote that he is severing that portion of the law, known as Section 1501, but is not granting an injunction against the entire law.

But Section 1501 is the portion of the law that collects most of the money that is supposed to flow into the system from millions of additional participants. Without it, the law’s execution could be severely compromised and could rock the foundation of other provisions in the legislation.

The lawsuit is just one of nearly two dozen challenges filed in federal courts across the country. Another high-profile suit filed in Florida and joined by 20 states and the National Federation of Independent Businesses will go before Judge Roger Vinson on Thursday.

While the individual mandate to buy insurance is just one part of Obamacare, it is definitely a crucial aspect to it, since the requirement that everyone be part of it is what ensures a sufficiently diversified risk pool.

Administration officials told reporters last week that a negative ruling would have virtually no impact on the law’s implementation, noting that its two major provisions—the coverage mandate and the creation of new insurance markets—don’t take effect until 2014.

The central issue in Virginia’s lawsuit was whether the federal government has the power under the constitution to impose the insurance requirement. The Justice Department said the mandate is a proper exercise of the government’s authority under the Commerce Clause.

Cuccinelli argued that while the government can regulate economic activity that substantially affects interstate commerce, the decision not to buy insurance amounts to economic inactivity that is beyond the government’s reach.

The central issue in Virginia’s lawsuit was whether the federal government has the power under the constitution to impose the insurance requirement. The Justice Department said the mandate is a proper exercise of the government’s authority under the Commerce Clause.

Senate confirms Elana Kagan 63-37 as Supreme Court Justice.

Kagan, Obama’s solicitor general and the former dean of Harvard Law School, will join the high court after its summer recess ends later this year, replacing retiring Justice John Paul Stevens, 90. As expected, the 63-37 vote confirming Kagan, who also served in the Clinton administration, was largely along party lines, with just five Republicans voting with Democrats to confirm her – and one Democrat, Senator Ben Nelson (D-Neb.), voting no.

Full Story: Politico

The Coast Guard said the growing slick is 45 miles wide at its broadest point and 100 miles long – about the length of New Jersey’s coastline… Read Full Story

Initially, the law firm contemplated filing a possible Temporary Restraining Order (TRO) in the Transocean Deepwater Horizon explosion that took place on April 20, 2010. A TRO is filed for many reasons – one of which would be to preserve evidence or not to cause spoliation of evidence…

Since an ongoing investigation of great magnitude is already being conducted by The Coast Guard and the Minerals Management Service on possible causes of the explosion, the law firm of Gordon, Elias & Seely, LLP, state that it is foolish to either stop or interfere in this ongoing investigation and filing a TRO would only be done for sensationalism.

Men suffered great fear and mental anguish

So far, based upon the investigation of Gordon, Elias & Seely, LLP, they have determined that there were a series of explosions prior to the main explosion. This means that the people that may have died in the main explosion suffered great, great fear and mental anguish. This further means that the families of these great workers that gave their lives to Transocean have a very large monetary Jones Act claim for what is called conscious pain and suffering. These are very important facts that apparently have been attempted to be suppressed by Transocean and British Petroleum (BP) that will be revealed in the Coast Guard investigation.

Workers are remembered

At 11 am, April, 26,2010, the rigs in the Gulf ceased work, heads bowed, and the whistles blew in remembrance of those who worked on the rig.

Transocean Deepwater Horizon sinking into The Gulf Of Mexico on April 22, 2010

Todd Elias, a Houston maritime lawyer, who is representing Tracy Kleppinger, the wife of worker Karl Kleppinger Jr. of Natchez, Miss., said his client was told by rig owner Transocean Ltd. that her husband Karl Kleppinger, Jr is considered deceased. Attorney, Steve Gordon, said the company has sent grievers to be with Tracy Kleppinger. 

“Right now we’re trying to find anybody who has any information, anybody who might have seen him and what happened,” said R. Todd Elias, the family’s attorney. “The family would like to have some information about what happened to him, and so far Transocean isn’t telling us anything. They just tell us they don’t know.”

In response, the law firm of Gordon, Elias and Seely LLP., has filed a wrongful death lawsuit Friday afternoon in Harris County, Texas, against Transocean and BP, which leased the rig.

Carolyn Kemp, the grandmother of missing worker Wyatt Kemp of Jonesville, La., also said today that Kemp’s family had been informed that he was dead.

At a news conference Friday afternoon, a vice president of Transocean, Adrian Rose, confirmed that the company has been calling next of kin but denied that loved ones have been told the workers are deceased.

“We can’t be definitive yet, not until search and rescue efforts are completed,” Rose said.

The U.S. Coast Guard said Friday it has suspended the active search for 11 missing crew members of the Transocean Ltd.

None of the 11 missing crew have been found and remain missing to this date.

On April 22, 2010, the Deepwater Horizon sank to the bottom of the Gulf of Mexico

An explosion rocked an offshore oil drilling platform, sending a column of fire into the sky and touching off a frantic search at sea for at least 11 originally reported missing. Most of the 126 workers on the rig Deepwater Horizon were believed to have escaped safely after the explosion that happened about 10 p.m. Tuesday, April 20, 2010.

Photo Courtesy: Dan McDonald - Coast Guard vessels try to extinguish the fire on DEEPWATER HORIZON. These pictures are believed to have been taken by a nearby Chevron worker

Rear Adm. Mary Landry, commander of the Coast Guard’s 8th district headquarters; David Hayes, deputy secretary for the U.S. Department of the Interior; Adrian Rose, vice president of Transocean; and David Rainey and vice president of BP were at the conference to answer questions…

Unfortunately there is no news on the whereabouts of the missing workers.

“We have no idea where the 11 unaccounted-for personnel are,” Landry said.

This is not the news that the families, who are anxiously awaiting news of their missing loved ones, wanted to hear.

The Coast Guard was notified of the fire at 10 p.m and told that platform workers were evacuating, she said.

There were 126 people on the unit, 11 of whom are still unaccounted for. The case is “an ongoing rescue case,” Landry said.

Rose said the cause of the accident is still unknown.

There were six BP workers on the rig at the time of the accident and 29 Transocean. The rest were “third-party personnel,” Rose said. Three of the injured workers are critical, he said.

He said Transocean is “deeply saddened” by the event. He gave the family response-team number for families of workers on the rig: 832.587.5110.

Rainey said BP’s primary focus for now is supporting the Coast Guard’s rescue effort and provide support for the injured.

Rainey said any pollution is minor at this time.

MAP

Deputy Interior Secretary Hayes said Interior has set up a command center here to respond to the accident.

“Continuing the search and rescue mission” is the primary focus now, Hayes said.

An oil-spill response team has also been set up, he said.

Adm. Landry said the search and rescue will continue through the night if necessary and the Coast Guard has the equipment it needs to search during dark or foggy conditions.

Conditions for search-and-rescue are good, Landry said. Most of the spilled fuel is burning off and is still burning as of 3 p.m.

Platform crews are still on their way in to shore and have not been interviewed about the incident, one of the company officials said.

Adm. Landry said “tremendous resources” can be brought to bear in response to this accident.

Nola.com contributed to this story.

Photo taken 10 miles out from the explosion in The Gulf of Mexico off the coast of Venice, LA

Plaquemines Parish President Billy Nungesser in an interview with WDSU.com, said there were 15 people still not accounted for. He said that earlier the Coast Guard located and had a visual contact with one of the rescue capsules off the rig but didn’t know if all of the missing people were on there now…

There were a total of 126 workers with 15 still unaccounted for. Four were airlifted to the Belle Chasse Naval Air Station. Two of the four have been released and two others remain there in critical condition, Nungesser reported.

Seven workers were reported critically injured. In a statement from the Coast Guard, “Three were met by ambulance at Coast Guard Air Station New Orleans; two were medevaced to West Jefferson hospital in New Orleans, LA. by air ambulance and two were flown to Mobile Trauma Center in Mobile, Ala.”

Two of the rescue boats that turned up on the scene had medical facilities on the boats. These are research vessels and they were able to treat some of the minor injuries on the scene offshore as the workers were rescued out of the water.

MAP

The platform, which remains on fire, is a large drilling rig. It’s one of the large floaters in the deep waters so it’s a massive facility and it is leaning very badly to one side. The coast guard commander told Nungesser that there was a good chance it would roll over later on in the day.

“It’s burning pretty good and there’s no estimate on when the fire will be put out,” Coast guard commander O’Berry said.

There are four fire vessels fighting the flames on the scene.

The company said its emergency and family response teams are working with the Coast Guard and lease operator BP Exploration & Production in a coordinated effort. The names and hometowns of injured persons are being withheld until family members can be notified.

Transocean is the world’s largest offshore drilling contractor and the leading provider of drilling management services worldwide.

The rig named “Deepwater Horizon” is operated by Transocean, which is the world’s largest offshore drilling contractor.

WDSU.com contributed to this story.

sonia-sotomayor

I am concerned about Sonia Sotomayor being confirmed as the latest supreme court judge. I am not comfortable with her decision in New Haven Connencut that ruled against the firefighters being promoted on merit. That was a bad decision and is being appealed to the Supreme Court. I am also very uncomfortable with her remarks found on the Youtube video where she speaks of policy being made from the bench.

Her latest quote “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion [as a judge] than a white male who hasn’t lived that life.” doesn’t bother me as much. I don’t think she is a racist.

Leading conservative commentators and news outlets have jumped on the 2001 Sonia Sotomayor quote claiming that she has said that Latinas are better than white men. If you read the quote in context, it’s clear that Sotomayor was merely saying that it’s inevitable that a judge’s personal race-based and gender-based experiences will impact judging, particularly in race and sex discrimination cases. As a result, she said, while such formative experiences can be enriching and contribute to wise decisions, a judge should also be aware of them in order to avoid being wholly dominated by them. She vowed “complete vigilance in checking my assumptions, presumptions and perspectives.”…

Rush Limbaugh, in an apparent reaction to the quote, said that Sotomayor is a “reverse racist” who “has put down white men in favor of Latina women.” Fox News’ Megyn Kelly said it shows Sotomayor thinks “that Latina judges are obviously better than white male judges.”

Michelle Malkin, meanwhile, said it shows that Sotomayor wants her personal experiences to “cloud her jurisprudence.”

“I can and do aspire to be greater than the sum total of my experiences, but I accept my limitations,” she said — the opposite of what critics claim she said. This quote is from a socialist. So if you beleive your future is determined by the friends you keep, then we should have something to worry about.

Obama has stated that he is looking to appoint a judge with empathy. When was that ever a requirement in determining consitiutional law. The constitution is what it it. It is not a living document that should be activated and changed from the bench.

I predict that Sonia Sotomayor will be confirmed. The democrats outweigh the Repubicans on this one.

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The U.S. delegation arrived in the Sudanese capital on Thursday as the diplomatic detente between Khartoum and the new administration in Washington is showing further signs of a thaw. U.S. Senator John Kerry and U.S. Special Envoy Scott Gration have both visited Sudan this month…

“They are here to collect information for their (the prisoners’) civil defense to facilitate their release,” said Mohammed Omar, who heads the consulates and expatriates section at the foreign ministry.

“They will also meet concerned Sudanese parties from the interior and justice ministries as well as the security and intelligence apparatus and a representative from the lawyers’ syndicate,” Omar told Reuters.

Omar said the delegation would remain in Sudan until Wednesday. U.S. embassy officials in Khartoum have declined to comment on the visit.

Since taking office in January, U.S. President Barack Obama has ordered the closing down of the prison camp at the Guantanamo military base in Cuba.

Washington has had tense relations with the Islamist government of Omar Hassan al-Bashir, who came to power in Africa’s largest country in a 1989 coup.

The United States imposed economic sanctions on Sudan in 1997 and labeled it a “state sponsor of terrorism.”

Ties were strained further by the conflict in Darfur, which both Obama and his predecessor George W. Bush have called genocide, a description Sudan’s government rejects.

Bashir has however struck a more conciliatory tone in his recent comments on the United States. Obama has said the United States will seek a way to restart talks between rebels in Darfur and the Khartoum government.

(Reporting by Yara Bayoumy; Editing by Giles Elgood)