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Offshore Companies Face Surge in BSEE Enforcement Actions and Penalties

The Energy Law

For example, in 2014 the agency imposed a civil penalty of $1,230,000—an unprecedented figure in the history of the BSEE civil penalty program. BSEE collected civil penalties in 22 cases in 2009, 26 cases in 2010, 30 cases in 2011, 31 cases in 2012, 42 cases in 2013, 53 cases in 2014, and 42 cases in 2015.

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Texas Supreme Court to Review $500 Million Verdict in Case Involving Formation of Partnership to Construct Crude Oil Pipeline

The Energy Law

a case concerning Texas partnership law. At the end of a four-week trial held in 2014, the jury found that ETP and Enterprise created a partnership to market and pursue a pipeline project and that Enterprise had failed to prove that it complied with its duty of loyalty. Enterprise Products Partners, L.P. ,

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Supreme Court Punts on Important Arbitrability Question

The Energy Law

The distributor argued that the inclusion of its request for injunctive relief brought the case under the carve-out in the arbitration provision. This is now the second time this case has been before the Supreme Court on issues of arbitrability. It also rejected the “wholly groundless” exception altogether. 3d 1010 (2d Cir.

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U.S. Fifth Circuit Issues CAFA Opinion in Mass Action Addressing Two Issues of First Impression

The Energy Law

3] In 2014, the Bottley heirs (represented by the same counsel as Lester ) filed a motion to consolidate the Bottley action with Lester. However, the Court emphasized Congress’s intent for CAFA to apply to “ any civil action commenced” after CAFA’s effective date—in this case, Bottley is that civil action. Exxon Mobil Corp.,

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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. 2014); Barker v. 2014); Barker v. On January 11, 2021, the Fifth Circuit panel affirmed. 20, 2010 , 452 F. 3d 455, 463 (E.D.

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Fifth Circuit Identifies Potential Conflict with Supreme Court on Jones Act Seaman Test

The Energy Law

Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc. Both plaintiffs were seaman under the nature test, and the panel could not distinguish Sanchez’s case.

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Fifth Circuit Identifies Potential Conflict with Supreme Court on Jones Act Seaman Test

The Energy Law

Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc. Both plaintiffs were seaman under the nature test, and the panel could not distinguish Sanchez’s case.

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