No. 12-35260.

747 F.3d 557 (2014)

Claude A. REESE, Plaintiff, and City of Edinburgh Council as Administering Authority of the Lothian Pension Fund; Bankinter Gestion De Activos Sgiic; Frankfurt Trust Investment-Gesellschaft MBH; Frankfurter-Service Kapitalanlage-Gesellschaft MBH; Pipefitters Local Union #537 Trust Funds, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Robert A. MALONE, Defendant, John Browne; BP PLC; BP Exploration (Alaska), Inc.; Maureen L. Johnson; Steven Marshall, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 13, 2014.

Attorney(s) appearing for the Case

Thomas A. Dubbs (argued), Javier Bleichmar , and Erin H. Rump , Labaton Sucharow LLP, New York, NY; Robert D. Stewart and Timothy Michael Moran , Kipling Law Group PLLC, Seattle, WA, for Plaintiffs-Appellants.

Richard C. Pepperman II (argued) and Patrick B. Berarducci , Sullivan & Cromwell LLP, New York, NY; Diane L. McGimsey , Sullivan & Cromwell LLP, Los Angeles, CA; David C. Lundsgaard , Graham & Dunn PC, Seattle, WA, for Defendants-Appellees.

Before: SIDNEY R. THOMAS and JACQUELINE H. NGUYEN, Circuit Judges, and RAYMOND J. DEARIE, District Judge.


DEARIE, Senior District Judge:

In March of 2006, an oil leak in one of BP's Alaskan pipelines spilled approximately 200,000 gallons of oil onto the Alaskan tundra. Despite BP's public statements suggesting that the spill was an anomaly, a second leak was discovered five months later in a different BP oil transit line in the region. As a result, the company temporarily shut down regional operations.



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