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U.S. Fifth Circuit Issues CAFA Opinion in Mass Action Addressing Two Issues of First Impression

The Energy Law

Factual Background The Lester suit was originally filed in 2002 in state court [2] on behalf of over 600 plaintiffs, one of whom was Mr. Cornelius Bottley, for exposure to naturally occurring radioactive materials “NORM” while working at various pipe yards. Civil District Court for the Parish of Orleans, State of Louisiana, Case No.

Casing 52
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Louisiana’s Sabine River Authority Not Entitled To Sovereign Immunity

The Energy Law

The Fifth Circuit agreed with the lower court that state statutes and case law characterize SRA-L as an arm of the state; but caveated that the factor was restricted and “given the inconsistent descriptions in the same statutes and the lack of a more-definite characterization in either statute or case law.” [7] Hawkins , 381 F.3d

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Tightening the Timeline for Original Condition: the First Circuit Denies Writ from Ruling Applying Subsequent Purchaser Doctrine to Dismiss Claims Against a Mineral Servitude Owner

The Energy Law

For more information on how the subsequent purchaser doctrine has been applied in legacy cases, click here.) 2002-0826 (La. Thus, the “subsequent purchaser doctrine” has become a key defense for mineral lessee defendants in legacy litigation. Amerada Hess Corporation , No. 100091, 17th JDC, Lafourche Parish. 1] Corbello v.

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Federal Court Finds A Continuing Duty Under Louisiana Law To Prevent The Erosion of Pipeline Canals

The Energy Law

Relying on the case of Terrebonne Parish School Board v. 2002), the court held that contractual ambiguity in a servitude agreement requires resort to Louisiana’s suppletive servitude rules. Columbia Gulf Transmission Co. , 3d 303 (5 th Cir. Castex Energy, Inc. , 2d 789 (La.

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Key Issues in OTC Derivatives Contracts as COVID-19 Disrupts Global Financial Markets

The Energy Law

In such cases, hedge counterparties may increase calls for margin and collateral posting both in frequency and amount. In the 2002 ISDA Master Agreement this concept appears in the “force majeure” termination event, and in the 1992 ISDA Master Agreement it is often adopted as an “impossibility” additional termination event.