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2023 Begins With Increased (or Unlimited) Liability for Vessel Owners

The Energy Law Blog

10] While the rule does not specify whether the new limits apply retroactively to oil spills that occur before the effective date, case law indicates that the change will be prospective only. [11] 21] These efforts usually fail, but occasionally—as in the case of MORRO CASTLE and now CONCEPTION—they succeed, even if only partially.

Oil 98
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11th Circuit Finds Not All Disputed Medical Evidence Must be Construed in a Seaman’s Favor

The Energy Law Blog

527 (1962) requires courts hearing maintenance and cure cases to construe disputed medical evidence in the seaman’s favor. On appeal, the Eleventh Circuit held that Vaughan does not require courts hearing maintenance and cure cases to construe all disputed medical evidence in the seaman’s favor. Supreme Court holding in Vaughan v.

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Oil Spill Liability: OPA 90 v. the IMO’S CLC

The Energy Law Blog

Fifth, the CLC as written allows claims to be brought for up to 6 years in some cases while OPA 90 has a strict three year statute of limitations and requires claims to be presented 90 days before that period ends. Fourth, as mentioned above, there are significant differences in the limitations of liability under the CLC v.

Oil 105
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Texas Supreme Court Holds JOA Exculpatory Clause Applicable to All Activities of Operator

The Energy Law Blog

Eastland 2001, pet. The Texas Supreme Court stated that those cases all involved interpreting the exculpatory clause language of either the 1977 or 1982 A.A.P.L. Fagadau Energy Corp. , 3d 147 (Tex. denied), and Abraxas Petroleum Corp. Hornburg , 20 S.W.3d 3d 741 (Tex. El Paso 2000, no pet.),

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Texas Court Upholds Lease Cancellation for Failure to Pay Shut-In Payments To Proper Party

The Energy Law Blog

The case involved a dispute between the original lessee and a top lessee. In 2001, Dan Nitschke (“Nitschke”), as lessee, obtained an oil and gas lease (the “Smith Lease”) covering the same land from Janet Townsend (“Townsend”), the attorney in fact for Van Hovenberg. Mobley (“Mobley”) “her entire 8/8 Royalty Interest” in a 105.8

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Is the Frequency of Louisiana Environmental Quality Act Citizen Suit Litigation Increasing?

The Energy Law Blog

Recently, those typical types of claims have been supplemented in some legacy litigation cases with citizen suit allegations based on the Louisiana Environmental Quality Act. The Louisiana Environmental Quality Act, Louisiana Revised Statute §§ 30:2001 et seq. ,

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Nominees Announced for U.S. Fifth Circuit and Eastern District of Louisiana Seats

The Energy Law Blog

Supreme Court case, Burwell v. Bush in 2001. Duncan has also served as an Assistant Solicitor General in the Office of the Solicitor General in the Texas Attorney General’s Office and worked in private practice at the firm Vinson & Elkins LLP. Hobby Lobby Stores, Inc., 2751 (2014). from Columbia University Law School.