Description: Action seeking damages related to Hurricane Katrina under tort law theories.
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In re Comer
Case Documents:
Filing Date Type File Action Taken Summary 01/10/2011 Order List Mandamus denied. The U.S. Supreme Court rejected the plaintiffs’ request for a writ of mandamus without comment. 10/26/2010 Petition Download Petition for writ of mandamus filed. In August 2010, the plaintiffs filed a petition for a writ of mandamus with the U.S. Supreme Court, seeking an order that would, in effect, overturn the Fifth Circuit’s dismissal of the appeal. -
Comer v. Murphy Oil USA, Inc.
Case Documents:
Filing Date Type File Action Taken Summary 05/28/2010 Order Download Order issued dismissing appeal. Due to the loss of a quorum because of recusal of an additional judge, the Fifth Circuit dismissed the en banc review of a climate change tort lawsuit in which Mississippi property owners alleged that a group of energy and other companies should be held liable for some of the hurricane damage to their properties. The action means that the district court’s dismissal of the lawsuit stands. In February 2010, the Fifth Circuit granted en banc review to a 2009 decision by the Circuit that held that plaintiffs could proceed, and vacated the 2009 decision. However, in the May 2010 decision the court held that it could not give the lawsuit en banc review because it no longer had a quorum to do so, but it left standing the order vacating the panel decision. The court said the plaintiffs could seek review from the U.S. Supreme Court. Three judges vigorously dissented. 02/26/2010 Order Download Order issued granting rehearing en banc. The Fifth Circuit granted petitions for rehearing en banc of its decision allowing a group of Mississippi property owners to sue a group of energy companies and the Tennessee Valley Authority in federal court for alleged climate change-related damages. 10/16/2009 Opinion Download Opinion issued partially reversing district court's dismissal of action. On appeal, the Fifth Circuit partially reversed, holding that plaintiffs had standing to assert their public and private nuisance, trespass, and negligence claims, and that none of these claims presented non-justiciable political questions. -
Comer v. Nationwide Mutual Insurance Co.
Case Documents:
Filing Date Type File Action Taken Summary 08/30/2007 Order Download Order issued granting defendants' motion to dismiss. Defendants’ motion to dismiss was granted by the district court. 09/30/2005 Complaint Download Amended complaint filed. Plaintiffs alleged that defendants, including a number of companies that produced fossil fuels, caused the emission of greenhouse gases that contributed to climate change and thereby added to the ferocity of Hurricane Katrina, ultimately causing damages to plaintiffs’ property.