In re Deepwater Horizon

Case Updates

In its brief, the Chamber asked the Fifth Circuit to grant BP’s petition for en banc review. The Chamber warned that if the panel’s decision is left in place, it will make it much more difficult for parties to resolve class actions through settlement. This will result in a proliferation of unnecessary litigation that will cost parties time and money and expend scarce judicial resources. The Chamber argued that the panel misinterpreted the Federal Rule of Civil Procedure 23, which conflicts with the Supreme Court’s holding that Rule 23 requires “courts to probe behind the pleadings” to ensure the class certification requirements are met. The Chamber points out that these legal principles constitute important limitations on courts’ ability to resolve disputes and certify classes. If left in place, the panel’s decision could lead to devastating consequences for parties’ ability to resolve future class-action disputes amicably.

The Chamber filed the brief jointly with the National Association of Manufacturers and the United States Hispanic Chamber of Commerce.

Catherine E. Stetson of Hogan Lovells US LLP represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center.