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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. This raises a dire warning to defendants in cases involving subrogated claims.

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Highly Anticipated En Banc Fifth Circuit Opinion Reframes Maritime Contract Analysis

The Energy Law

The case called upon the court to determine whether a contract for performance of specialty services to facilitate the drilling or production of oil and gas on navigable waters is maritime in nature. In a highly anticipated ruling, the United States Fifth Circuit Court of Appeals issued its en banc decision in In re: Larry Doiron, Inc. ,

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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. 14, 27 (2004). In his concurrence, Justice Thomas did not show the same reverence to the Wilburn Boat holding. 2 1 348 U.S. 310 (1955).

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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] Caremark, Inc.,

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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.” at 7 (quoting United States ex rel. Reg’l Healthcare Sys., 3d 168, 174 (5th Cir. The relators argued that taxable costs were limited to those documents that were actually used at trial or as a summary judgment exhibit.

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Nominees Announced for U.S. Fifth Circuit and Eastern District of Louisiana Seats

The Energy Law

Supreme Court case, Burwell v. He was appointed to the Judicial Conference Committee of Federal-State Jurisdiction by Justice William Rehnquist in 2004 and became chief judge of the Eastern District in 2015. Hobby Lobby Stores, Inc., 2751 (2014). from Columbia University Law School. Bush in 2001.