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Fifth Circuit Reverses Summary Judgment in Oil Pollution Act Case

The Energy Law

Immediately after the spill, the owner of the barge denied liability; however, as the owner of the discharging vessel, it agreed to coordinate the removal and cleanup efforts with the Coast Guard. These lawsuits were then consolidated into the first-filed action.

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THE LOUISIANA SUPREME COURT MODIFIES ITS OPINION IN M.J. FARMS, LTD. V. EXXON MOBIL CORPORATION

The Energy Law

Farms , the Court stated: In making this determination, we hasten to add that Act 312 exempts from its application all cases in which a contractual agreement exists between the parties that contains a remediation provision that exceeds state standards. Stat. §§ 30:29(A) and (H). To read the Louisiana Supreme Court’s modified Opinion in M.J.

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Texas Supreme Court Update: Boundary Dispute Between Leasehold Owner and Lessees of Adjacent Tract

The Energy Law

The tables turned again at the Texas Supreme Court, which ultimately held that the boundary stipulation was valid and that the defendants conclusively established their ratification defense, but the case is still ongoing. The parties signed the stipulation in August and September 2008, and it was subsequently recorded in the county records.

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Texas Supreme Court Update: Boundary Dispute Between Leasehold Owner and Lessees of Adjacent Tract

The Energy Law

The tables turned again at the Texas Supreme Court, which ultimately held that the boundary stipulation was valid and that the defendants conclusively established their ratification defense, but the case is still ongoing. The parties signed the stipulation in August and September 2008, and it was subsequently recorded in the county records.

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Appellate Review of Downhole Cases: The Supreme Court Repairs the Third Circuit’s Broken Manifest Error Standard in Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr-McGee Rocky Mt., LLC, 149 So. 3d 280 (La. App. 3 Cir. 10/01/14)

The Energy Law

The Louisiana Supreme Court recently issued a decision in a downhole damages case, reversing the Third Circuit’s misguided application of the manifest error standard of review. The case itself necessitated extremely nuanced and technical testimony regarding the geology and geophysics of the formations. Kerr-McGee Rocky Mt.,

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Texas — Right to Arbitate Waived Without Proof of Prejudice to Opposing Party

The Energy Law

05-0882, 2008 Tex. LEXIS 423, 2008 WL 1922978 (Tex. May 2, 2008). Perry Homes and the warranty companies moved to vacate the arbitrator’s award, arguing (among other things) that the case should never have been sent to arbitration after so much activity in court. LEXIS 423 and at 2008 WL 1922978 Perry Homes v.

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Texas Supreme Court interprets pooling clause in mineral lease

The Energy Law

By Sarah Steward-Lindsey On November 21, 2008, the Supreme Court of Texas decided that a mineral owner’s participation in a validly pooled unit did not cease simply because the lease of that interest terminated.

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