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

The Energy Law

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

Case: Warren v. Shelter Mutual Ins. 2016-C-1647 (La. 10/18/17), So. Factual Background A recreational boating accident occurred on navigable inland waters of Louisiana in May of 2005 resulting in the death of a 22-year old passenger. Teleflex appealed the verdict, and the Louisiana Third Circuit Court of Appeal affirmed.

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Texas Supreme Court Offers Exemplary Damage Guidance

The Energy Law

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. After looking at each of the factors, the court concluded that only one factor was satisfied—that Bennett acted with malice or deceit.

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

The Energy Law

4] Paying quantities cases usually focus on what expenses constitute “operating expenses.” In Louisiana, as in most jurisdictions, production of oil or gas must be in “paying quantities” to maintain a mineral lease beyond its primary term. [1] 2003) (citing Louisiana Mineral Code article 124). [3] McKinney , 545 So. JLH Enters. ,

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

The Energy Law

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

The Energy Law

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. 30:2025(E).

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COVID-19 as a Force Majeure? The Texas and Louisiana Perspectives

The Energy Law

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. Courts are not entirely consistent on this point, however.

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