Comer, et al. v. Murphy Oil USA, Inc., et al., No. 12-60291, 2013 U.S. App. LEXIS 9705 (5th Cir. May 14, 2013), aff'g., 839 F.Supp.2d 849 (S.D. Miss. 2012)

(lawsuit re-filed by Mississippi Gulf Coast residents and property owners against oil companies for release of by-products that allegedly led to "global warming," which plaintiffs claimed produced conditions that formed Hurricane Katrina; previous suit dismissed by district court, Court of Appeals panel overturned district court dismissal, but review by court en banc could not occur due to lack of quorum; appellate decision lawfully vacated before loss of quorum; motion to dismiss present suit granted by district court based on res judicata and collateral estoppel of district court opinion in first lawsuit; as a precaution court also dismissed for lack of standing, presentation of non-justiciable political question claims; pre-emption of state law claims by federal law; statute of limitations, and failure to state a claim for relief; plaintiffs' claims completely dismissed; plaintiffs again filed suit involving same claims; appellate court noted that district court's judgment had not been disturbed; court denied plaintiffs' claim for equitable exception to res judicata; case dismissed).