Class Actions in the United States

  • CLASS ACTIONS IN THE U.S.A. The Deepwater Horizon Experience
  • By:   Michael C. Palmintier
  • Fifth Circuit Appeals
  • Certification Appeal 13-30095
  • Judges Davis, Dennis, Garza

August 13, 2012 – BP and PSC move for final approval of Settlement Agreement

November 8, 2012 – Fairness hearing

December 21, 2012 – Judge Barbier certifies class and gives final approval to Settlement

January 23, 2013 – Plaintiff Objectors appeal class certification and final approval

January 10, 2014 – Fifth Circuit Affirms December 21, 2012 certification of class and approval of Settlement

January 21, 2014 – BP and objectors file for rehearing en banc.

  • BEL Appeal 13-30315
  • Judges Dennis, Clement, Southwick

March 5, 2013 – Judge Barbier upholds Administrator’s decision that “matching” not required

April 5, 2013 – BP Appeals

October 2, 2013 – Fifth Circuit remands for additional evidence and reconsideration

October 18, 2013 – Preliminary Injunction issued

December 2, 2013 – Per curiam order of Fifth Circuit

December 24, 2013 – Judge Barbier rules matching is required and that BP is estopped from arguing Exhibit 4B is not the exclusive means to determine causation

December 26, 2013 – BP Appeals

January 14, 2014 – Fifth Circuit asks for supplemental briefing related to order of Certification Appeal and whether the injunction entered by the district court should be maintained.

March 17, 2014 – BP and objectors file for rehearing en banc