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

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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

In the watershed Corbello [1] decision, the Louisiana Supreme Court affirmed a $33 million award—the cost to restore property valued at $108,000 to its “original condition” after it was damaged by oil and gas operations. 2002-0826 (La. If Corbello pressed the accelerator on “legacy” litigation, Eagle Pipe tapped the brakes.

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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.