In re Deepwater Horizon Incident Litigation
2011 Tex. LEXIS 1012
| Tex. J.P.M.L. | 2011Background
- Eight BP-related cases involve different events and dates arising from the Deepwater Horizon incident; several cases are in Harris or Galveston counties, others in federal MDL; BP entities named include five BP corporations; the panel may appoint a pretrial judge only if cases are related by common questions of fact; relatedness requires more than a common origin or event; the April 20 explosion is the common event but not sufficient to establish relatedness here; discovery and coordination with the federal MDL could affect relatedness; the panel denied the MDL motion as BP failed to show relatedness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the eight cases related under Rule 13 for MDL pretrial consolidation? | Plaintiffs argue common origin from April 20 is insufficient. | BP argues potential common fact questions justify relatedness for MDL. | No; cases not related; MDL motion denied. |
Key Cases Cited
- In re Alcon Shareholder Litigation, 387 S.W.3d 121 (Tex. M.D.L. Panel 2010) (relatedness waivable by common questions of fact; transfer for MDL permissible)
- In re Hurricane Rita Evacuation Bus Fire, 216 S.W.3d 70 (Tex. M.D.L. Panel 2006) (common event not enough for relatedness)
- In re Delta Lloyds Ins. Co. of Houston, 339 S.W.3d 384 (Tex. M.D.L. Panel 2008) (common origin alone insufficient for relatedness)
- In re Great Lakes Dredge & Dock, Co., LLC, 283 S.W.3d 547 (Tex. M.D.L. Panel 2007) (not related where injuries were disparate in time/location/activities)
- In re Digitek Litigation, 387 S.W.3d 115 (Tex. M.D.L. Panel 2009) (cites granting MDL when claims share common fact questions)
- In re Continental Airlines Flight 1404, 387 S.W.3d 925 (Tex. M.D.L. Panel 2009) (cases arising from a single incident with common questions)
- In re Deep South Crane & Rigging Co., 339 S.W.3d 395 (Tex. M.D.L. Panel 2008) (injuries from crane collapse; relatedness based on common fact questions)
- In re Phyllis Tomasino Litigation, 339 S.W.3d 378 (Tex. M.D.L. Panel 2008) (multiple suits alleging different theories; relatedness based on common questions)
- In re Cano Petroleum, Inc., 283 S.W.3d 179 (Tex. M.D.L. Panel 2008) (cases asserting wildfire; relatedness based on common event and questions)
- In re Hurricane Rita Evacuation Bus Fire, 216 S.W.3d 70 (Tex. M.D.L. Panel 2006) (listed above; relatedness standards)