buddahj Posted June 27, 2010 Share Posted June 27, 2010 NEW YORK (Reuters) - Susan Spicer, one of New Orleans' most prominent and highly regarded chefs, has sued BP Plc for damages to restaurants that have lost normal seafood supplies because of the Gulf of Mexico oil spill. Spicer, who runs the restaurant Bayona in New Orleans' French Quarter, is seeking class-action status on behalf of restaurants and others in the seafood industry that have suffered damage since the April 20 explosion of the Deepwater Horizon drilling rig. In a complaint filed late Friday in New Orleans federal court, Spicer's lawyer Serena Pollack said the restaurants depend heavily on the availability of local seafood. Because of the spill, they expect to lose customers because of lower tourism and convention business, contamination fears and significantly higher prices, the 18-page complaint said. "Much of plaintiff's business is based on the unique quality of Louisiana seafood, as well as the chain of delivery of that resource from the initial harvester (be it fisherman, oyster grower or shrimper)," Pollack wrote. "Because this chain of delivery cannot be maintained, plaintiff's business has been, and continues to be, materially damaged." BP spokesman Mark Salt said the British company does not comment on litigation. Bayona opened in 1990, and according to its website has since 1995 been one of New Orleans' top five restaurants in the Zagat Survey. Spicer has received a James Beard Foundation award, and appeared as a judge on Bravo's "Top Chef" and Food Network's "Iron Chef America." She has also opened the New Orleans restaurants Herbsaint and Cobalt. The lawsuit seeks compensatory and punitive damages from BP. It also names as defendants Transocean Ltd, which operated the rig; Cameron International Corp, which provided a blowout preventer; and a Halliburton Co unit that provided cementing services. More than 250 lawsuits have been filed over alleged from the oil spill, according to the Westlaw database. Westlaw is a unit of Thomson Reuters. The case is Bayona Corp v. Transocean Ltd et al, U.S. District Court, Eastern District of Louisiana, No. 10-01839. (Reporting by Jonathan Stempel, editing by Maureen Bavdek) Quote Link to comment Share on other sites More sharing options...
SheikYerbuti Posted June 28, 2010 Share Posted June 28, 2010 More than likely she was going to cook that seafood in oil anyway. She should be thanking BP for doing the prep work for her. Sheesh. Quote Link to comment Share on other sites More sharing options...
frankf Posted June 28, 2010 Share Posted June 28, 2010 More than likely she was going to cook that seafood in oil anyway. She should be thanking BP for doing the prep work for her. Sheesh. Now that's funny, I expect to see tons and tons of these law suits in the next few months. The 20 billion BP has set aside will go very fast. Quote Link to comment Share on other sites More sharing options...
Seattle LawDawg Posted June 28, 2010 Share Posted June 28, 2010 She's a great chef but I think she's going to have a hard time with this lawsuit simply because it is going to be very difficult to prove damages. From what I've read, she's using two main arguments: 1.) Ingredients are either impossible to get now or are more expensive. 2.) Lack of tourism in the area will adversely affect her business. Bayona's website has the menu posted from February 2010 (pre-spill): Starters - Brocolli-Asparagus Soup - Nothing from the gulf Warm Duck Confit - Nothing from the gulf Lamb Stuffed Artichokes - Nothing from the gulf Grilled Ahi Tuna - Not from the gulf Seared Sea Scallops - Not from the gulf Main Courses - Pan Roasted Flounder - GULF FISH which can be obtained from alternative sources. Italian Stuffed Rabbit - not from the gulf Mustard and Crumb-crusted Pork Chop - not from the gulf Painted Hills Hangar Steak - Oregon beef is unaffected Signature Menu: Starters - Eggplant Caviar - Not from the gulf Grilled Shrimp - probably from the gulf. Oyster and Italian Sausage - I'm assuming the oysters are from the gulf Veal Sweetbreads - not from the gulf Main Courses - Pacific Salmon - not from the gulf Veal Sweetbreads - not from the gulf Grilled Duck Breast - not from the gulf Peppered Lamb - not from the gulf So, her own posted menu includes very few ingredients affected by the oil spill and it also shows that she is not opposed to using ingredients from outside the region / state, etc. Of the 3 "gulf" ingredients, all can be sourced elsewhere, even without going to the hormone injected, mass produced, farmed crap. Admittedly, different shrimp and oysters though. Similar results at Herbsaint - No gulf food other than 2 dishes with shrimp. So, her other argument is expected loss of business due to decreased tourism. Good luck coming up with a number that can be proven. No doubt this is a tragedy and there are thousands of affected people...just not sure this one is going to be a claim that sticks. Quote Link to comment Share on other sites More sharing options...
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