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U.S. Supreme Court Addresses Circuit Split Regarding “Bare Metal” Defense in Products Liability Action Under General Maritime Law

The Energy Law Blog

How Plaintiffs Were Exposed When the defendants’ equipment was used on the ships as expected and intended (including during maintenance and repair), the equipment released asbestos fibers into the air. Supreme Court granted certiorari in this case. 2] The seminal cases creating the circuit split are In re: Asbestos Prod.

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Federal Circuit Holds U.S. Army Corps of Engineers Not Liable for Hurricane Katrina Flood Damage

The Energy Law Blog

The United States Court of Appeals for the Federal Circuit recently issued a significant opinion in a case in which a takings claim was asserted to redress Hurricane Katrina-related flood damage. In 2005, Hurricane Katrina hit New Orleans and catastrophically flooded St. Property owners in these areas, as well as the St.

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Louisiana Second Circuit Provides Guidance as to Good Faith Required When Conducting Operations Necessary to Interrupt Prescription of Mineral Servitude

The Energy Law Blog

During this downturn in activity, mineral rights owners must remain cognizant of the maintenance activities necessary to preserve their mineral rights. At trial, the mineral servitude owner testified that in 2005, the Cotton Valley drilling activity was ramping up and other operators near the servitude successfully drilled gas wells.