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Third Circuit Issues Long-Awaited Ruling in OPA Liability Case

The Energy Law

ATHOS I had its genesis in a 2004 vessel allision and oil spill on the Delaware River between New Jersey and Pennsylvania. Procedural History The case was originally tried in a forty-one day bench trial by Judge John P. as Owner of the M/T ATHOS I , Nos. 16-3552, 16-3867 & 16-3868 (3d Cir. 2701, et seq.

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Choice-of-Law Provisions in Marine Insurance Contracts Upheld by the Supreme Court

The Energy Law

The case was remanded and the District Court was instructed to consider if the application of New York contract law would violate Pennsylvania’s public policy, meaning Pennsylvania law should apply. In Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC , 601 U.S. Raiders Retreat Realty Co., LLC , 601 U.S.

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False Claims Act Relators Be Warned: Rule 54’s Taxable Costs Award Lies Ahead for the Overeager Relator

The Energy Law

Taxable costs may include discovery expenses, e.g., copying, transcripts, that were incurred for “use in the case.” In John King, et al v. 12, 2017), the relators appealed the district court’s grant of summary judgment as well as the court award of $232,809.92 in taxable costs to the defendants. at 7 (quoting United States ex rel.

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Louisiana’s Sabine River Authority Not Entitled To Sovereign Immunity

The Energy Law

The Fifth Circuit agreed with the lower court that state statutes and case law characterize SRA-L as an arm of the state; but caveated that the factor was restricted and “given the inconsistent descriptions in the same statutes and the lack of a more-definite characterization in either statute or case law.” [7]

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Louisiana Second Circuit Addresses: (1) Creation of Mineral Servitudes Via Notarial Acts of Correction; (2) Obstacles Suspending the Prescription of Nonuse from Running Against Mineral Servitudes; and (3) Payment of Court Costs in Concursus Actions

The Energy Law

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]

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Louisiana Second Circuit Provides Clarity on Production in Paying Quantities and Affirms Lease Cancellation Under Mineral Code Article 140 for Failure to Pay Royalties

The Energy Law

arose from a 2004 mineral lease covering nearly 1,400 acres in Sections 9, 10, 15, 16, and 21, Township 15 North, Range 15 West, in Caddo Parish. [2] arose from a 2004 mineral lease covering nearly 1,400 acres in Sections 9, 10, 15, 16, and 21, Township 15 North, Range 15 West, in Caddo Parish. [2] Tauren Exploration, Inc.

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