Monday, March 01, 2010

Maybe they all drive Hummers?

It's not surprising that the Comer v. Murphy Oil case in the 5th Circuit, in which the plaintiffs persuaded a panel not to dismiss their complaint alleging the petroleum industry helped cause Hurricane Katrina, is going up for rehearing en banc.

It's a *little* surprising that damn near half the court has to recuse: 9 judges hearing the case en banc, 7 recused:
Chief Judge Jones, and Judges King, Wiener, Garza, Benavides,
Southwick and Haynes are recused and did not participate.
We are thus denied something sardonic from Southwick.

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