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

The Energy Law Blog

Tyler 2003, pet. 2003, no 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. In recent years, appellate decisions in Castle Tex. Long Trusts , 134 S.W.3d 3d 267 (Tex. denied), IP Petroleum Co., Wevanco Energy, L.L.C. , 3d 888 (Tex.

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Louisiana Supreme Court Holds Punitive Damages Are Available Under General Maritime Law Against Products Liability Defendant

The Energy Law Blog

Case: Warren v. 4] This case is the first pronouncement from the Louisiana Supreme Court that punitive damages are available under general maritime law. 471 (2008) limited the ratio of punitive damages to compensatory damages in maritime cases at 1:1. Shelter Mutual Ins. 2016-C-1647 (La. 10/18/17), So. Baker , 554 U.S.

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Texas Supreme Court Offers Exemplary Damage Guidance

The Energy Law Blog

The Supreme Court of Texas agreed, and remanded the case to the court of appeals for remittitur consistent with its opinion. Campbell , 538 U.S. times actual damages was constitutionally excessive where only one of the five reprehensibility factors favored exemplary damages.

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Production in Paying Quantities: Maintaining Mineral Leases Beyond Their Primary Terms with Production of Oil or Gas

The Energy Law Blog

4] Paying quantities cases usually focus on what expenses constitute “operating expenses.” “Operating expenses”—or “lifting expenses” as they are sometimes referred—are “ordinary, recurring expenses” that are attributable to the expense of production, after the well is drilled and completed. [5] McKinney , 545 So. 2d 1216, 1220 (La.

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

The Energy Law Blog

In 2003, the Louisiana Supreme Court rendered its landmark decision in Corbello, et al. 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. Iowa Production, et al.

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Texas Supreme Court Holds Producer Not Required to Share in Natural Gas Pipeline Compression Costs

The Energy Law Blog

In 2003, Kachina installed the “Barker Central Compression Station” (“Compression Station”) on its pipeline, which allowed it to resell the gas in the pipeline at its high-pressure inlet, increasing its re-sale value to Davis. Michael Lillis (“Lillis”) was one of the producers who sold natural gas to Kachina, dating back to 2001.

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Texas Supreme Court Update: The Court Decides Issue of First Impression Related to the Scope of an Oil and Gas Lease’s

The Energy Law Blog

While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause.

Royalty 52