Fifth Circuit Reverses Award of $1.5 Million in Deepwater Horizon Case

In a majority ruling, the 5th U.S. Circuit Court of Appeals has ruled that a district court abused its discretion when it denied discretionary review over an award of almost $1.5 million in lost earnings to a professional basketball player pursuant to the Deepwater Horizon Settlement Agreement.   In essence, the majority noted that “in civil litigation, the plaintiff can recover damages only after suffering actual losses.” See Lewis v. Casey, 518 U.S. 343, 349, 116 S. Ct. 2174, 135 L. E