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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

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. The defendants’ equipment was delivered in a condition known as “bare metal,” and the Navy later added the asbestos to the equipment.

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

The Energy Law

In 2005, Hurricane Katrina hit New Orleans and catastrophically flooded St. Specifically, Plaintiffs asserted that the construction, operation, and improper maintenance of MRGO caused a variety of adverse impacts ( e.g. , increased salinity in the water and erosion of MRGO’s banks) that increased storm surge along the channel.

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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

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.