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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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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.

Casing 40
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SCOTUS Decides Dutra Group v. Batterton

The Energy Law

Today the United States Supreme Court issued its decision in this landmark case concerning punitive damages. 2014) held that punitive damages were not available under the rationale of an earlier Supreme Court case, Miles v. Estis Well Service , 768 F.3d 3d 382 (5 th Cir. Apex Marine, 498 U.S.

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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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Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law

The path to this Proposed Rule has been long and winding, beginning in 2014 with BOEM resisting making changes through formal notice and comment rulemaking pursuant to the Administrative Procedures Act, and instead continuing to regulate this issue through Notice to Lessee (“NTL”) guidance documents.

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Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law

The path to this Proposed Rule has been long and winding, beginning in 2014 with BOEM resisting making changes through formal notice and comment rulemaking pursuant to the Administrative Procedures Act, and instead continuing to regulate this issue through Notice to Lessee (“NTL”) guidance documents.