No. 19-739

Julius Barbour, et al. v. Halliburton Company, et al.

Lower Court: Fifth Circuit
Docketed: 2019-12-11
Status: Denied
Type: Paid
Amici (2)Response RequestedResponse WaivedRelisted (2)
Tags: civil-rights class-action class-action-settlement-notice class-action-settlement-notice,due-process,hisen-v class-member-compensation compensation due-process hisen-v-carlisle-jacquelin judicial-discretion notice notice-requirement post-settlement-requirements procedural-fairness procedural-order settlement settlement-procedure
Latest Conference: 2020-04-17 (distributed 2 times)
Question Presented (from Petition)

1. Whether class members are given constitutionally
adequate notice under Eisen v. Carlisle & Jacquelin ,
which requires direct individual notice when
practicable, where a notice of a class action settlement
that is mailed to some class members does not disclose
a requirement to take certain action to preserve one's
entitlement to compensation under the settlement, and
notice is not mailed to them or not mailed until after
the deadline to comply with the requirement.

2. Whether it is a violation of due process or an abuse
of discretion for a court of appeals to base its decision
on a ground raised only by the court itself during oral
argument.

3. Whether, regardless of notice, it violates due process
to deny compensation to a class member for not
meeting an eligibility qualification imposed by the
claims administrator based on a post-settlement MDL
procedural order and where the class member met the
qualification at the time of settlement and at the time
of claim submission.

Question Presented (AI Summary)

Whether class members received constitutionally adequate notice under Hisen v. Carlisle & Jacquelin

Docket Entries

2020-04-20
Motion for leave to file amicus brief filed by Patrick A. Juneau, in His Capacity as New Class Claims Administrator of the Punitive Damages Settlement Program GRANTED.
2020-04-20
Petition DENIED.
2020-03-25
DISTRIBUTED for Conference of 4/17/2020.
2020-03-24
Reply of petitioners Julius Barbour, et al. filed. (Distributed)
2020-03-06
Motion for leave to file amicus brief filed by Patrick A. Juneau, in His Capacity as New Class Claims Administrator of the Punitive Damages Settlement Program.
2020-03-06
Brief of respondents Transocean Holdings, LLC; et al. in opposition filed.
2020-03-06
Brief of respondents Halliburton Company, et al. in opposition filed.
2020-02-05
Response Requested. (Due March 6, 2020)
2020-01-22
DISTRIBUTED for Conference of 2/21/2020.
2020-01-08
Waiver of right of respondents Halliburton Company, et al. to respond filed.
2019-12-06
Petition for a writ of certiorari filed. (Response due January 10, 2020)

Attorneys

Halliburton Company, et al.
Robert Alan YorkReed Smith LLP, Respondent
Julius Barbour, et al.
John G. WheelerMitchell, McNutt & Sams, Petitioner
Patrick A. Juneau in his capacity as New Class Claims Administrator of the Punitive Damages Settlement Program
Richard Charles StanleyStanley, Reuter, Ross, Thornton & Alford, L.L.C., Amicus
Transocean Holdings, LLC; Triton Asset Leasing GMBH; Transocean Deepwater, Inc.; Transocean Offshore Deepwater Drilling, Inc.
Jason Walker BurgeFishman, Haygood, Phelps, Walmsley, Willis & Swanson, LLP, Respondent