The United States Court of Appeals for the Ninth Circuit calendared oral argument in this case for September 11, 2017. A few weeks prior to the scheduled hearing, the Ninth Circuit cancelled oral argument, determining that the Panel could decide the matter on the Briefs. Unfortunately for Chris McIntyre, the Ninth Circuit decided in favor of BP, and our subsequent request for rehearing was denied.
Chris is now weighing his appellate options.
UPDATE: June 4, 2018 – Today the Supreme Court of the United States denied Chris McIntyre’s Petition for a Writ of Certiorari. While we are disappointed with the outcome, we respect the Court’s decision.