The Fifth Circuit Court of Appeals dismissed a case that had previously been dismissed involving a class certification of claims that the greenhouse gas emissions of numerous defendant companies had worsened the damages caused by Hurricane Katrina. The Mississippi property owner plaintiffs had brought suit originally in federal district court. The district court dismissed the claims, ruling that the plaintiffs lacked standing, among other grounds.
On appeal, initially, the Fifth Circuit partly reversed the district court's decision. The panel concluded that the plaintiffs had standing to bring some claims but not others. Then the case took a very strange turn. The appeals court elected to vacate the ruling and rehear the case en banc. However, several judges recused themselves such that there was not a majority to hear the case. The court ruled that a quorum was lacking and dismissed the appeal, leaving the district court's dismissal intact. An appeal by the plaintiffs to the U.S. Supreme Court was not granted.
The plaintiffs re-filed their suit, which was dismissed. On appeal the Fifth Circuit ruled res judicata prohibited the plaintiffs from filing another suit.