BP Exploration & Production Inc. v. Lake Eugenie Land & Development, Inc.
- Case Date: 9/4/2014
- Project Name: Class Action Reform
On December 8, 2014, the U.S. Supreme Court issued a one-sentence order declining to review two panel decisions from the U.S. Court of Appeals for the Fifth Circuit that would allow a certified class to include numerous members who never suffered an injury caused by the defendant. The decision was a setback for WLF, which filed a brief urging review. WLF argued that the decisions below harmed absent class members by creating an intra-class conflict between those members who suffered legitimate injuries and those who suffered no injury. The Fifth Circuit’s decisions also harmed class-action defendants, who now face the prospect of paying out large settlements without any assurance that those payments will strictly be limited to injured claimants (as bargained for in the settlement agreement), or proceeding to trial to face ruinous liability. The decisions deepen a circuit split on whether a class whose members suffered no injury satisfies the requirements of Article III and Rule 23.
More Information and Downloads:
9/4/2014: Download the Brief