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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.
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.
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.
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.
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.
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.
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.
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.
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.
In all cases, the inquiry is likely to be fact-specific. One 1842 breach-of-contract case involving a yellow fever epidemic is instructive. Thus, logistical and economic difficulties brought about by COVID-19 may not qualify as a force majeure—without more. In William Roley Glover v. McAllister , 2 Rob. (La.)
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. Factual and Procedural Background.
In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. 2003-N06, which was itself replaced by NTL No. A party that assigns a record title interest or operating rights remains liable for decommissioning liability.
1] In the case, an operator initiated a concursus action seeking to resolve ownership interest in minerals underlying property on which it was operating. Flat River Farms, L.L.C. , the Louisiana Second Circuit addressed issues affecting the creation and preservation of mineral servitudes and payment of court costs in a concursus action. [1]
In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. 2003-N06, which was itself replaced by NTL No. A party that assigns a record title interest or operating rights remains liable for decommissioning liability.
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