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Article: Fifth Circuit Decision Threatens A Tsunami Of Climate Change Tort Cases While The Defense Bar Awaits A Circuit Split.(Murphy Oil USA Inc. into pollution cases)(Case overview)
- Article from:
- Mondaq Business Briefing
- Article date:
- October 23, 2009
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On October 16, the United States Court of Appeals for the Fifth Circuit revived a lawsuit filed by residents and property owners along the Mississippi Gulf coast against several corporations in the energy, fossil fuels and chemicals industries alleging that the defendants were responsible for property damage caused by Hurricane Katrina. Comer v. Murphy Oil USA, et al., No. 07-60756 (5th Cir. Oct. 16, 2009). The district court dismissed the plaintiffs' state law nuisance, trespass and negligence claims, finding that the plaintiffs had not adequately linked defendants' operations to Hurricane Katrina and that, in any event, liability for damages relating to global warming ...