5th Circuit: Wastewater Treatment Facility Owners Have Right To Jury Trial

Mealey's (June 8, 2022, 8:14 AM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on May 26 held that the Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial of the government’s recoupment and subrogation claims under the Oil Pollution Act (OPA), finding that the claims sound in law, rather than in equity.  The court partially vacated and reversed a trial court’s ruling for the government in its suit against the owners of an oil treatment facility who refused to repay the costs of an oil spill cleanup, remanding for a jury trial....