Fifth Circuit holds that Daubert fully applies to scientific evidence introduced at class-certification stage, vacating certification and remanding for reconsideration of whether individualized questions predominate
January 22, 2021
Click here to view the opinion.
U.S. Chamber files coalition amicus brief urging Fifth Circuit to decertify class in environmental mass-tort litigation and affirm that full Daubert review applies to expert testimony used at the class-certification stage
January 16, 2020
Click here to view the coalition brief. Benjamin A. Geslison and Scott A. Keller of Baker Botts L.L.P. served as co-counsel for the amici.
The U.S. Chamber previously filed an amicus brief supporting the Rule 23(f) petition, which was granted.
Interlocutory review granted
October 17, 2019
Click here to view the order granting the Rule 23(f) petition.
U.S. Chamber files amicus brief in support of Rule 23(f) petition, urging Fifth Circuit to grant review and reverse class-certification order in environmental mass-tort litigation
June 24, 2019
Click here to view the Chamber’s amicus brief.
Scott A. Keller and Noah R. Mink of Baker Botts LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
- 23(f) Petition (with attachments) -- Wheeler v. Arkema Inc. (Fifth Circuit).pdf
- U.S. Chamber Amicus Brief -- Wheeler v. Arkema Inc. (Fifth Circuit).pdf
- Order Granting Rule 23(f) Petition -- Wheeler v. Arkema Inc. (Fifth Circuit).pdf
- U.S. Chamber, et al. Amicus Brief -- Wheeler v. Arkema Inc. (Fifth Circuit).pdf
- Opinion -- Prantil v. Arkema Inc. (Fifth Circuit).pdf