Wheeler v. Arkema Inc.

U.S. Court of Appeals for the Fifth Circuit

Tab Group

Merits Stage

Fifth Circuit holds that Daubert fully applies to scientific evidence introduced at class-certification stage, vacating certification and remanding for reconsideration of whether individualized questions predominate

January 22, 2021

Click here to view the opinion.

U.S. Chamber files coalition amicus brief urging Fifth Circuit to decertify class in environmental mass-tort litigation and affirm that full Daubert review applies to expert testimony used at the class-certification stage

January 16, 2020

Click here to view the coalition brief. Benjamin A. Geslison and Scott A. Keller of Baker Botts L.L.P. served as co-counsel for the amici.

The U.S. Chamber previously filed an amicus brief supporting the Rule 23(f) petition, which was granted.

Petition Stage

Interlocutory review granted

October 17, 2019

Click here to view the order granting the Rule 23(f) petition.

U.S. Chamber files amicus brief in support of Rule 23(f) petition, urging Fifth Circuit to grant review and reverse class-certification order in environmental mass-tort litigation

June 24, 2019

Click here to view the Chamber’s amicus brief.

Scott A. Keller and Noah R. Mink of Baker Botts LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents

23(f) Petition (with attachments) -- Wheeler v. Arkema Inc. (Fifth Circuit).pdf

U.S. Chamber Amicus Brief -- Wheeler v. Arkema Inc. (Fifth Circuit).pdf

Order Granting Rule 23(f) Petition -- Wheeler v. Arkema Inc. (Fifth Circuit).pdf

U.S. Chamber, et al. Amicus Brief -- Wheeler v. Arkema Inc. (Fifth Circuit).pdf

Opinion -- Prantil v. Arkema Inc. (Fifth Circuit).pdf