article thumbnail

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. 2002-19657, Div. #N-8. 1] A full copy of the opinion can be accessed here.

Casing 52
article thumbnail

Louisiana’s Sabine River Authority Not Entitled To Sovereign Immunity

The Energy Law

The Fifth Circuit determined that the SRA-L primarily dealt with local or regional concerns, unlike a state university fulfilling statewide higher education demands. The last two factors hold the least weight. SRA-L did not contest the lower court’s finding that the fifth factor did not aid in a finding of SRA-L being an arm of the state.

Casing 52
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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

2002-0826 (La. As applied in Sterling Sugars , the subsequent purchaser doctrine sets the condition to which a mineral servitude owner must restore encumbered property to the condition which existed when the current landowner purchased the property. [1] 1] Corbello v. 2/25/03); 850 So.2d 2] 10-2267 (La. 10/25/11); 79 So.

article thumbnail

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

The Energy Law

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. . – Force Majeure and Impossibility.

article thumbnail

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

The Energy Law

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