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Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits Damages Available to Landowners in Oilfield Legacy Litigation

The Energy Law

The “ LL&E II ” decision finds that Act 312 charges the court, not the jury, to determine the funding needed to remediate property to government standards. 3d — (“ LL&E II ”). [1]. Background of Legacy Litigation and LL&E I . In the landmark oilfield remediation case Corbello v. LL&E II , at *2.

E&A 105
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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law

In two companion cases, a panel of the United States Court of Appeals for the Ninth Circuit decided whether a federal district court could properly exercise jurisdiction over climate change suits brought against energy companies by cities and counties in California. . 1442(a)(1). In City of Oakland et al. BP PLC et al. 1442(a)(1).

Casing 52
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United States Fifth Circuit Weighs in on La. R.S. 30:103.1 and 103.2 Notice Requirements

The Energy Law

Louisiana Revised Statutes 30:103.1 have been heavily litigated in recent years, but there are only a handful of reported decisions interpreting these statutes. Many of these decisions involve whether a party complied with the strict notice requirements contained in the statutes. Kelly Land Company, L.L.C. Aethon Energy Operating, L.L.C. ,

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Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits Damages Available to Landowners in Oilfield Legacy Litigation

The Energy Law

The “ LL&E II ” decision finds that Act 312 charges the court, not the jury, to determine the funding needed to remediate property to government standards. 3d — (“ LL&E II ”). [1]. Background of Legacy Litigation and LL&E I . In the landmark oilfield remediation case Corbello v. LL&E II , at *2.

E&A 52
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Third Circuit Restores Rule B Attachment Based On Breach of Contract Claim Under English Law, Implied Indemnity Claim Not Enough

The Energy Law

In this case, Tongli Shipping Pte. On June 2, the U.S. Court of Appeals for the Third Circuit analyzed what constitutes a prima facie maritime claim sufficient to support attachment of property under Rule B of the Supplemental Rules of Admiralty of the Federal Rules of Civil Procedure. Bunge appealed.

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Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

The Energy Law

3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., 5/25/21), 2021 WL 2102932, —So. Exxon Mobil Corporation , 2009-2368 (La. 10/19/10), 48 So.

Casing 59
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Riding to the Danger Zone: U.S. Fifth Circuit Panel Considers the Zone-of-Danger Test for Maritime Emotional Distress

The Energy Law

The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). The district court dismissed their case under Rule 12(b)(6). 2] Here, this was not the case. In In re Deepwater Horizon , No. 20-30300, 2021 WL 96168, a three-judge panel of the U.S. On January 11, 2021, the Fifth Circuit panel affirmed.