Judge denies BP appeal over Gulf spill payouts Barbier said BP was only making the legal move on the claims process in an attempt to get that part of the case to the Fifth Circuit Court of Appeals. "What you're really trying to do - it's quite obvious and there's no subtlety here - is you're trying to get this issue to the Fifth Circuit," Barbier said. "If you believe you have a right to appeal, you can take that up with the circuit and then ask me to stay the order," Barbier added. I don't know why we're going through all these machinations. BP said in a statement that the company "continues to believe that the Claims Administrator's interpretation of the Settlement Agreement as to business economic loss claims is contrary to the agreement and has produced unjustified windfall payments to numerous business claimants for non-existent, artificially calculated losses." "BP believes that such a result is completely at odds with the parties' stated intent in reaching a settlement last year," it added. The larger trial heard by Barbier is In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010, U.S. District Court, Eastern District of Louisiana, No.