Deepwater Horizon Volunteer Rescuers Can't Sue BP

Law360 (January 12, 2021, 6:22 PM EST) -- The Fifth Circuit has held that the crew of a fishing boat who volunteered to assist with rescue operations after the Deepwater Horizon explosion could not sue for emotional distress claims because they could, and did, leave the zone of danger.

In an unpublished, per curiam opinion Monday, the appellate panel said that claims brought against BP by Bradley Shivers, Mark Mead and Scott Russell met neither the physical-injury test nor the zone-of-danger test, affirming a trial court's decision to dismiss their case for failure to state a claim.

"In the handful of instances where we have addressed whether a plaintiff...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!