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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.

Casing 40
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Choice-of-Law Provisions in Marine Insurance Contracts Upheld by the Supreme Court

The Energy Law

The policy selected New York law to govern all future disputes arising under the contract. Marine insurance policies are maritime contracts which are governed in the first instance by maritime law. 14, 27 (2004). (“Raiders”) were parties to a marine insurance policy covering Raiders’ vessel. 2 1 348 U.S. 310 (1955). 2 1 348 U.S.

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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. which governs notarial acts of correction: A. (1) which governs notarial acts of correction: A. (1) 20] The CUA permit was obtained on January 20, 2004.

Spud-in 40
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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

At best, the Court found the relators were the original source of alleged Food, Drug and Cosmetic Act violations, but because they failed to present any evidence that those purported violations induced false claims to the government, they were not FCA ones. Reg’l Healthcare Sys., 3d 168, 174 (5th Cir.

E&A 40
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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.,

Casing 52
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Louisiana Second Circuit Finds Holder of Mortgage Encumbering a Mineral Lease Solidarily Liable with Mineral Lessees for Damages Under the Louisiana Mineral Code

The Energy Law

1] In the case, a landowner sued its mineral lessees for: (1) failure to provide a recordable act evidencing the expiration of a mineral lease under Mineral Code articles 206-209 and (2) failure to pay royalties under Mineral Code articles 137-140. [2] 3] The Lease was executed in September 2004 and covered 1,390.25 4] $242,029.26

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Sierra Club Asks Court to Ban Use of Legacy DOT-111 Tank Cars

The Energy Law

In September, the Sierra Club, one of the largest environmental organizations in the United States, filed a lawsuit seeking an immediate ban on the transportation of crude oil in allegedly outdated and unsafe tank cars despite the fact that the government has proposed regulations to address the same concerns. Circuit 2004).