September 03rd, 2022
Loggerhead Holdings v. BP
Opinion Date: September 2, 2022
Judge: Leslie H. Southwick
Areas of Law: Energy, Oil & Gas Law, Personal Injury
Loggerhead Holdings, Inc., a holding company that owned a scuba diving cruise business, was one of many plaintiffs who brought suit against an oil company because of the explosion of an offshore drilling rig and the resulting discharge of a massive quantity of oil into the Gulf of Mexico. Loggerhead’s claims were dismissed on summary judgment.
The Fifth Circuit affirmed in part and reversed in part. The court explained that Loggerhead had been able to continue operations for several years despite its fraught financial condition, and indeed despite reporting net losses on its taxes for the three years preceding the disastrous events of April 2010 in the Gulf. Whether it could have continued to survive, if not thrive, had the April events not occurred presents a fact question. Thus, the court concluded that a reasonable factfinder could find the requisite causal link between the Deepwater Horizon disaster and Loggerhead’s demise. Summary judgment should not have been granted.
However, because Loggerhead was not able to offer more than Dixon’s allegations and an unsupported estimate — evidence “so weak or tenuous on an essential fact that it could not support a judgment in favor of the nonmovant” — the district court properly granted BP’s motion for summary judgment on the Section 2702(b)(2)(B) claim.
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