BP Exploration & Production Inc. v. Lake Eugenie Land & Development, Inc.

Petition for certiorari denied on December 8, 2014

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-123	5th Cir.	N/A	N/A	N/A	N/A	OT 2014

Issue: Whether the court of appeals erred in holding – in conflict with the Second, Seventh, Eighth, and D.C. Circuits – that district courts can, consistent with Federal Rule of Civil Procedure 23 and Article III of the Constitution, certify classes that include numerous members who have not suffered any injury caused by the defendant.

SCOTUSblog Coverage

Court won't reopen settled BP oil spill case (UPDATED) (Lyle Denniston)
Petition of the day (Maureen Johnston)

Date	Proceedings and Orders (key to color coding)
May 28 2014	Application (13A1177) to recall and stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Scalia.
Jun 2 2014	Response to application from respondent Lake Eugenie Land & Development, Inc., et al. filed.
Jun 3 2014	Reply of applicant BP Exploration & Production Inc., et al. filed.
Jun 9 2014	Application (13A1177) referred to the Court.
Jun 9 2014	Application (13A1177) denied by the Court.
Aug 1 2014	Petition for a writ of certiorari filed. (Response due September 4, 2014)
Aug 1 2014	Appendix of BP Exploration & Production Inc., et al. filed.
Aug 7 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counnsel for the petitioners.
Aug 7 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents Lake Eugenie Land & Development, Inc.
Aug 12 2014	Order extending time to file response to petition to and including October 6, 2014, for all respondents.
Aug 14 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Cobb Real Estate, Inc. respondents.
Aug 14 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for The Deepwater Horizon Court Supervised Settlement Program, and Patrick Juneau, Jr. respondents.
Aug 26 2014	Order further extending time to file response to petition to and including October 14, 2014 for the Lake Eugenie respondents.
Sep 3 2014	Motion for leave to file amici brief filed by Federation of German Industries, et al.
Sep 4 2014	Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al.
Sep 4 2014	Motion for leave to file amicus brief filed by Washington Legal Foundation.
Sep 4 2014	Brief amicus curiae of Kenneth R. Feinberg, Special Master of the Federal September 11th Victim Compensation Fund of 2001 and Administrator of the Gulf Coast Claims Facility filed.
Sep 4 2014	Brief amici curiae of Her Britannic Majesty's Government of the Uinted Kingdom of Great Britain, et al. filed.
Oct 3 2014	Response to petition from respondents Cobb Real Estate, Inc., et al. filed.
Oct 3 2014	Response to petition from respondents Patrick A. Juneau as Claims Administrator, and Deepwater Horizon Court Supervised Settlement Program filed.
Oct 6 2014	Motion for leave to file amici brief filed by Mobile Area Chamber of Commerce, et al.
Oct 8 2014	Brief of respondents Lake Eugenie Land & Development, Inc., et al. in opposition filed.
Oct 22 2014	Reply of petitioners BP Exploration & Production Inc., et al. filed.
Oct 29 2014	DISTRIBUTED for Conference of November 14, 2014.
Nov 14 2014	Rescheduled.
Nov 17 2014	DISTRIBUTED for Conference of November 25, 2014.
Nov 24 2014	Rescheduled.
Dec 1 2014	DISTRIBUTED for Conference of December 5, 2014.
Dec 8 2014	Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. GRANTED.
Dec 8 2014	Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED.
Dec 8 2014	Motion for leave to file amici brief filed by Federation of German Industries, et al. GRANTED.
Dec 8 2014	Motion for leave to file amici brief filed by Mobile Area Chamber of Commerce, et al. GRANTED.
Dec 8 2014	Petition DENIED.

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
On Tuesday, the justices released their opinions in New Prime Inc. v. Oliveira and Stokeling v. United States.
On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
On Wednesday, the justices heard oral argument in Knick v. Township of Scott and Tennessee Wine & Spirits Retailers Association v. Blair.
On Friday, the justices meet for their January 18 conference; John Elwood's Relist Watch compiles the petitions relisted for this conference.
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- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
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- City of Escondido, California v. Emmons The U.S. Court of Appeals for the 9th Circuit failed to conduct the analysis required by Supreme Court precedents in determining whether two Escondido police officers were entitled to qualified immunity.
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- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
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  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
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  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
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On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

BP Exploration & Production Inc. v. Lake Eugenie Land & Development, Inc.

SCOTUSblog Coverage

Featured Posts

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance (Corrected) – Rory Little

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Peabody Award

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