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PRANTIL v. ARKEMA INC.

No. 19-20723.

986 F.3d 570 (2021)

Corey PRANTIL; Ronald Whatley; Betty Whatley; Bret Simmons; Phyllis Simmons; Greg Nason; Larry Anderson; Tanya Anderson; Keith Lyons; Beverly Flannel; Roland Flannel, Plaintiffs-Appellees, v. ARKEMA INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED January 22, 2021.

Attorney(s) appearing for the Case

Michael Gregory Stag, Esq. , Ashley M. Liuzza , Attorneys, Stag Liuzza, L.L.C., New Orleans, LA, Van Bunch , Bonnett, Fairbourn, Friedman & Balint, P.C., Phoenix, AZ, Samuel Issacharoff , New York University, School of Law, New York, NY, Dennis D. Spurling , Attorney, Law Offices of Dennis D. Spurling, Houston, TX, Mark Underwood , Underwood Law Offices, McKinney, TX, for Plaintiffs-Appellees.

Evan Mark Tager , Dan Himmelfarb, Esq. , Mayer Brown, L.L.P., Washington, DC, David R. Fine, Esq. , K & L Gates, L.L.P., Harrisburg, PA, for Defendant-Appellant.

Scott A. Keller , Baker Botts, L.L.P., Austin, TX, for Amici Curiae.

Before Higginbotham, Elrod, and Haynes, Circuit Judges.

As Hurricane Harvey deluged southeastern Texas with record floods, volatile chemicals at a facility in Crosby, Texas, combusted, releasing toxic ash and smoke into the surrounding communities and causing the evacuation of nearby residents. Seeking redress for the physical and financial effects of the incident...

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