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On May 19, the 5th Circuit Court of Appeals denied BP’s request for an en banc hearing of the issue of causation. This lets stand the earlier decisions of the 5th Circuit panels confirming both the Settlement’s quantitative method of determining causation and its practical application by the Settlement Administrator. BP’s only option now is an appeal to the US Supreme Court. With billions of dollars on line, BP has nothing to lose but to file an appeal.
