BP Exploration & Production, Inc. v. Claimant ID 100191715, No. 19-30264 (5th Cir. 2020)Annotate this Case
In this appeal stemming from the Deepwater Horizon litigation, the Fifth Circuit reversed the district court's order granting discretionary review and affirming a $77 million award against BP.
The court held that the district court failed to consider investigating credible evidence of a sole, superseding cause for the claimant's loss. Furthermore, the district court's decision was made without the benefit of this circuit's guidance on causation. In this case, claimant is a global commodities merchandiser that purchases and supplies ammonia and fertilizers around the world. BP argued that claimant passed the V-Shaped Revenue Pattern due solely to a price spike and drop in the price of fertilizer that was unrelated to the oil spill. The court remanded for the district court to examine the issue in the first instance and to determine whether to remand to the Claims Administrator for additional factfinding.