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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 10-md-2185
Regular Panel Decision
Dec 22, 2011

In re BP P.L.C. Securities Litigation

This Memorandum and Order addresses motions to dismiss securities fraud claims against BP plc and its officers, arising from the Deepwater Horizon oil spill. Plaintiffs, including the New York and Ohio Plaintiffs, alleged that BP made false statements regarding process safety, risk profile, whistleblower retaliation, and oil spill response capabilities. The court partially granted and denied the motion for purchasers of BP American Depositary Shares, allowing Section 10(b) claims against BP entities, Anthony Hayward, and Douglas Suttles to proceed, along with Section 20(a) control person liability against Hayward and Suttles. However, claims against other individual defendants were dismissed. Additionally, all claims by purchasers of BP ordinary shares were dismissed based on the Supreme Court's ruling in Morrison v. National Australia Bank Ltd. and the Securities Litigation Uniform Standards Act (SLUSA).

Securities FraudDeepwater HorizonOil SpillCorporate SafetyRisk ManagementWhistleblower RetaliationMotion to DismissClass ActionSarbanes-Oxley ActPSLRA
References
58
Case No. MISSING
Regular Panel Decision
Mar 06, 2009

United States v. Bp Products North America Inc.

BP Products North America, Inc. pleaded guilty to a felony violation of the federal Clean Air Act following a March 23, 2005 explosion at its Texas City refinery that resulted in 15 fatalities and numerous injuries. The plea agreement stipulated a $50 million fine and three years of probation, contingent upon compliance with existing Settlement Agreements with OSHA and Agreed Orders with TCEQ. Victims of the explosion raised objections, arguing the fine was insufficient and probation terms were too lenient, additionally citing a violation of the Crime Victims' Rights Act (CVRA). The court, presided over by Judge Lee H. Rosenthal, extensively reviewed arguments and evidence regarding the fine's calculation based on pecuniary gain, the complexities of proving losses, and the adequacy of probation monitoring. Despite an acknowledged CVRA violation, the court found the plea to be a reasonable disposition, considering the legal framework, litigation risks, and the substantial civil and regulatory penalties already incurred by BP Products. The court ultimately accepted the proposed plea agreement.

Clean Air Act ViolationEnvironmental RegulationIndustrial SafetyProcess Safety Management (PSM)Risk Management Plan (RMP)Corporate Plea AgreementCriminal SentencingOrganizational FinesProbation MonitoringVictims' Rights
References
102
Case No. MISSING
Regular Panel Decision
Apr 26, 2016

The Matter of New York City Asbestos Litigation , Doris Kay Dummitt v. A.W. Chesterton , The Matter of Eighth Judicial District Asbestos Litigation , Joann H. Suttner v. A.W. Chesterton Company

This New York Court of Appeals opinion addresses the scope of a manufacturer's duty to warn regarding dangers arising from the use of its product in combination with a third-party product. The Court held that such a duty exists when the third-party product is necessary for the manufacturer's product to function as intended, whether due to design, mechanics, or economic necessity, and the danger is known and foreseeable. Applying this rule, the Court affirmed judgments against Crane Co. in two separate asbestos litigations, finding that Crane had a duty to warn users of its valves about asbestos exposure from third-party sealing components. The decision clarified the balance of risks and costs in products liability law.

Product LiabilityFailure to WarnAsbestos ExposureMesotheliomaManufacturer DutyCombined Product UseForeseeability of HarmEconomic NecessityComponent Parts DoctrineStrict Liability
References
91
Case No. MDL-1206
Regular Panel Decision
May 27, 1999

In re Lease Oil Antitrust Litigation

This order approves eight settlement agreements in the multidistrict litigation, In re Lease Oil Antitrust Litigation, MDL-1206. The litigation involves claims by royalty and working interest owners against major oil companies for systematically underpaying for crude oil by depressing 'posted prices' below market value. The class comprises millions of members across the US, asserting both state law 'Lease Claims' and federal 'Antitrust Claims' of price-fixing. The court addresses jurisdiction, class certification under Rule 23, the fairness and adequacy of the settlements, and issues related to notice, claim procedures, attorneys' fees, and incentive awards.

Antitrust LawClass Action SettlementOil and Gas RoyaltiesMultidistrict LitigationPrice Fixing ConspiracyFairness DoctrineRule 23 CertificationSupplemental JurisdictionDue Process RightsAttorney's Fees Award
References
71
Case No. 00 Civ. 1898, M21-88, MDL 1358
Regular Panel Decision

In Re Methyl Tertiary Butyl Ether Products Liability Litigation

This opinion and order denies Orange County Water District's (OCWD) motion to remand its action to state court. OCWD, a plaintiff in a multidistrict litigation (MDL) involving water contamination by MTBE, argued that its case was improperly removed from state court under bankruptcy statutes. The District Court, presided over by Judge Shira A. Scheindlin, found that OCWD's motion to remand was untimely under 28 U.S.C. § 1447(c) because it was filed more than 30 days after the notice of removal. The court emphasized that improper removal is a procedural defect, waivable if not challenged within 30 days, while a lack of subject matter jurisdiction can be raised at any time. As the court retained core bankruptcy jurisdiction, the motion was denied, highlighting Congress's intent to prevent late-stage forum shopping and ensure efficient litigation in MDLs.

Multidistrict LitigationMTBE ContaminationWater PollutionRemoval JurisdictionSubject Matter JurisdictionBankruptcy LawRemand MotionProcedural DefectWaiver28 U.S.C. 1447(c)
References
25
Case No. 14-08-00857-CV
Regular Panel Decision
Aug 25, 2009

Leah Godfrey and Cheri Merritt v. BP Products North America

This case concerns an appeal by Leah Godfrey and Cheri Merritt against BP Products North America, Inc., challenging a summary judgment granted in favor of BP. The appellants, sisters of a victim in a refinery explosion, sought damages under the Texas Wrongful Death Act, and asserted claims for negligence, bystander injury, and intentional infliction of emotional distress. The Fourteenth Court of Appeals affirmed the trial court's decision, ruling that siblings are not beneficiaries under the Wrongful Death Act and appellants failed to meet the criteria for bystander claims. Furthermore, the court found no basis for negligence or intentional infliction of emotional distress, as the primary risk of the incident was physical injury, not emotional distress. Consequently, the appellate court upheld the summary judgment, dismissing all of the appellants' claims.

Wrongful Death ActNegligenceBystander ClaimIntentional Infliction of Emotional DistressGross NegligenceSummary JudgmentTexas LawAppellate ReviewMental AnguishSiblings
References
14
Case No. MISSING
Regular Panel Decision

In re Blech Securities Litigation

This opinion addresses a motion for class certification in consolidated actions alleging securities and common law fraud. The plaintiffs sought to certify a class against various defendants, including Bear Stearns & Co. and Baird Patrick & Co., for a scheme to manipulate the prices of 'Blech Securities' between October 1991 and September 1994. The court reviewed the class action requirements under Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure, including numerosity, commonality, typicality, and adequacy of representation. Finding that these requirements were satisfied, the court granted the motion for class certification, with the creation of three subclasses to manage the litigation efficiently.

Securities FraudClass ActionMarket ManipulationBroker-DealerInvestment BankingBiotechnology StocksRule 23Federal Civil ProcedureFraud and DeceitConsolidated Actions
References
52
Case No. C.A. No. H-78-1831 (Consolidated Multidistrict Litigation)
Regular Panel Decision
Jun 05, 1980

In Re Alien Children Education Litigation

This case addresses the constitutionality of Texas Education Code Ann. tit. 2, § 21.031, which prohibited the use of state funds to educate undocumented children and allowed local school districts to exclude them or charge tuition. Plaintiffs, undocumented school-age children, argued the statute violated the Equal Protection Clause of the Fourteenth Amendment, was preempted by federal law, and conflicted with international law. Judge SEALS of the Southern District of Texas found the statute unconstitutional under the Equal Protection Clause. The court determined that access to education is a fundamental right, and the statute imposed an absolute deprivation of this right on undocumented children, who are "persons within the jurisdiction" of the state. The state's arguments regarding fiscal integrity and deterrence of immigration were found not to be compelling governmental interests. The court issued a permanent injunction against the Commissioner of Education, preventing the implementation of the challenged sections of the Texas Education Code.

Undocumented ChildrenPublic Education AccessEqual Protection ClauseFourteenth AmendmentState Statute UnconstitutionalityImmigration Status DiscriminationFundamental Rights (Education)Judicial ScrutinyFiscal Policy (State)Class Action
References
15
Case No. MISSING
Regular Panel Decision

In Re Simon II Litigation

Senior District Judge Weinstein issued an order concerning the consolidation and scheduling of various class action lawsuits within the broader tobacco litigation. The court emphasized the need for expeditious resolution of claims and suggested advancing test cases to assess class certification viability. The order outlines specific directives for asbestos-related cases, Blue Cross cases, union health fund actions, and individual plaintiff cases, often awaiting appellate decisions or setting new pretrial hearings and class certification motions for dates in late 2001 and early 2002. This order reflects the court's tentative views on managing these complex and expensive cases.

Tobacco LitigationClass ActionConsolidationTrial ScheduleCase ManagementPretrial HearingFederal CourtsCivil ProcedureAsbestos LitigationMedical Litigation
References
8
Case No. 02 Civ. 3288(DLC), 03 Civ. 0167, 03 Civ. 0168, 03 Civ. 0169, 03 Civ. 0170, 03 Civ. 0171, 03 Civ. 0337, 03 Civ. 0890, 03 Civ. 0891, 03 Civ. 0892, 03 Civ. 1283, 03 Civ. 1284, 03 Civ. 2839, 03 Civ. 3859, 03 Civ. 3860, 03 Civ. 4499, 03 Civ. 4500, 03 Civ. 6226, 03 Civ. 6227, 03 Civ. 6592, 03 Civ. 7297, 03 Civ. 7806, 03 Civ. 8269, 03 Civ. 8270, 03 Civ. 8271, 03 Civ. 8923, 03 Civ. 8924, 03 Civ. 9168, 03 Civ. 9400, 03 Civ. 9401, 03 Civ. 9402, 03 Civ. 9823, 03 Civ. 9824
Regular Panel Decision
Jan 20, 2004

In Re Worldcom, Inc. Securities Litigation

This case addresses motions for reconsideration and dismissal in a multi-district litigation stemming from the WorldCom, Inc. financial collapse. The court affirmed that Section 13 of the Securities Act, not the Sarbanes-Oxley Act's Section 804, dictates the statute of limitations for Section 11 and 12(a)(2) claims, as these actions were deliberately pleaded as strict liability/negligence rather than fraud. It also held that the 'American Pipe' tolling doctrine does not apply to individual actions filed independently before class certification, leading to many time-barred claims. Furthermore, the court upheld the dismissal of a Section 12(a)(2) claim regarding a December 2000 private placement, affirming that such placements fall outside the scope of Section 12(a)(2). Requests for leave to amend complaints were largely denied due to lack of diligence and bad faith in strategic pleading.

Securities LitigationClass ActionStatute of LimitationsSarbanes-Oxley ActSecurities Act of 1933American Pipe Tolling DoctrineRule 15(c) Relation-BackPrivate PlacementMotion to DismissMotion for Reconsideration
References
56
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