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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.

Casing 76
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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. 1] Pub.

Casing 52
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Nigeria Oil Industry Overview

Drillers

The country’s first field began producing in 1958 at a rate of 5,100 BPD. company has a 40-60 joint venture with the NNPC, which is the majority shareholder, and stakes in several offshore fields, including several deepwater blocks that have yet to be developed. How did this happen? Exxon comes next: the U.S.

Oil 52
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Ninth and Fifth Circuits Split on Issue of Punitive Damages Under Maritime Law

The Energy Law

2014) (en banc). In reaching its decision, the Ninth Circuit was required to distinguish the recent en banc Fifth Circuit McBride decision, which reached the opposite conclusion in 2014. Compare McBride v. Estis Well Service , 768 F.3d 3d 382 (5th Cir. Apex Marine Corp. , 19 (1990) on this area of law.

Casing 40
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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.

Casing 52
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U.S. Fifth Circuit Greenlights Contribution Action for Purely Economic Damages Under Oil Pollution Act (OPA)

The Energy Law

Settoon arose out of a February 2014 collision on the Mississippi River near Convent, Louisiana. These types of damages, however, have long been prohibited under the general maritime law (the default body of federal common law governing maritime cases) under the familiar Robins Dry Dock rule.

Oil 40
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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

On November 5, 2014, the landowner provided notice to the mineral servitude owner that the mineral servitude expired and requested a recordable act evidencing its expiration effective June 28, 2006. A well was spud on March 28, 2006. The well was a dry hole, however, and was therefore plugged and abandoned on April 21, 2006.