Allen v. R & H Oil & Gas Co.

Decision Date16 November 1995
Docket NumberNo. 94-60444,94-60444
Citation70 F.3d 26
PartiesBarbara ALLEN, et al., Plaintiffs-Appellants, v. R & H OIL & GAS COMPANY, Farrar Oilfield Service and Equipment Company, and Tri-State Oil Services, Inc., Defendants, Tri-State Oil Services, Inc., Defendant-Appellee.
CourtU.S. Court of Appeals — Fifth Circuit

Richard M. Martin, Jr., Cummings, Cummings, & Dudenhefer, New Orleans, LA, for Appellants.

Michael B. Wallace, Walker W. Jones, III, Joseph A. Ziemianski, Todd C. Richter, Chuck D. Barlow, Phelps Dunbar, Jackson, MS, for appellee.

Appeal from the United States District Court for the Southern District of Mississippi, Tom S. Lee, Judge.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN

BANC

(Opinion August 29, 1995, 5th Cir., 1995; 63 F.3d 1326)

Before JOLLY, SMITH and DeMOSS, Circuit Judges.

PER CURIAM:

The petition for rehearing is DENIED, and no member of the panel or judge in regular active service having requested that the court be polled on rehearing en banc (see FED.R.APP.P. 35 and 5TH CIR.R. 35), the suggestion for rehearing en banc is DENIED. Although the panel members have some disagreement regarding the interpretation of Mississippi law, the panel is of the unanimous view that the opinion in this case specifically reflects a result under the Mississippi law of punitive damages and is not to be construed as a comment on any similar case that might arise under the law of any other state.

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  • Lauchheimer v. Gulf Oil
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    ... ... By doing so, each and every class member will independently satisfy the jurisdictional requirement. In support of this contention, Defendant cites to Tapscott v. MS Dealer Serv. Corp., 77 F.3d 1353 (11th Cir.1996) and Allen v. R & H Oil & Gas Co., 63 F.3d 1326 (5th Cir.), reh'g denied, 70 F.3d 26 (5th Cir. 1995). Tapscott dealt with a lawsuit filed by a class of consumers who had purchased automobile service contracts from the defendant. The Eleventh Circuit focussed on the nature of punitive damages under ... ...
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    ... ... See University of S. Ala. v. The American Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999). The removing party bears the burden of establishing the existence of federal jurisdiction. See Allen v. R. & H. Oil & ... Page 577 ... Gas Co., 63 F.3d 1326, 1335 (5th Cir.1995), reh'g denied, 70 F.3d 26 (5th. Cir.1995). It is with these principles in mind that we begin to ascertain this Court's jurisdiction ...          A. This Court Has Continuing Jurisdiction Over the ... ...
  • Carrick v. Sears Roebuck and Co.
    • United States
    • U.S. District Court — Middle District of Pennsylvania
    • 17 Marzo 2003
    ... ... However, the Court of Appeals for the Eleventh Circuit recently overruled Tapscott. See Cohen v. Office Depot, Inc., 204 F.3d 1069, 1072 (11th Cir.2000). Another decision suggesting that punitive damages can be aggregated, Allen v. R & H Oil & Gas Co., 63 F.3d 1326 (5th Cir.1995), has been limited to apply only to cases arising under Mississippi law. Allen v. R & H Oil & Gas Co., 70 F.3d 26 (5th Cir.1995) ... 11. One exception that the Court has located is the Court of Appeals for the Fifth Circuit's decision in In ... ...
  • Gibson v. Chryler Corp.
    • United States
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    • 20 Agosto 2001
    ... ... In particular, two circuit court opinions adopted (at least for a time) Chrysler's position, holding that punitive damage awards were the "common and undivided interest" of a group of plaintiffs. See Tapscott v. MS Dealer Serv. Corp., 77 F.3d 1353, 1358 (11th Cir. 1996); Allen v. R & H Oil & Gas Co., 63 F.3d 1326, 1333 (5th Cir. 1995). Tapscott and Allen both rested in large part on the fact that, in their respective states, punitive damage awards could be characterized as fundamentally collective ...         But Tapscott and Allen no longer appear to be good ... ...
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