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UNITED STATES v. ERR, LLC

No. 21-30028.

35 F.4th 405 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. ERR, LLC; Evergreen Resource Recovery, LLC; Hugh Nungesser, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed May 26, 2022.

Attorney(s) appearing for the Case

Anna T. Katselas , Jason Tyler Barbeau , U.S. Department of Justice, Environment & Natural Resources Division-Appellate Section, Washington, DC, for Plaintiff-Appellee.

Timothy William Hassinger, Esq. , Pattrick Joseph Schepens , Galloway, Johnson, Tompkins, Burr & Smith, Mandeville, LA, for Defendants-Appellants.

Before Davis, Willett, and Oldham, Circuit Judges.

The question presented is whether the Seventh Amendment guarantees the right to a jury trial of the Government's claims under the Oil Pollution Act of 1990. The district court said it was a close call but ultimately answered no. We say yes. We therefore reverse in part, vacate in part, and remand.

I.

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