The U.S. Fifth Circuit Court of Appeals agreed with Class Counsel that its previous 2013 decision in Deepwater Horizon I did not imply that revenues should be moved, ‘smoothed’, or otherwise re-allocated, and therefore reversed the Specialized Frameworks which had been established with “Policy No. 495” for Construction, Agricultural, Educational and Professional Services Claims.

See Fifth Cir Decision Reversing Policy 495 [Appeal No. 15-50377] (May 22, 2017)