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Supreme Court Punts on Important Arbitrability Question

The Energy Law

2014), another case involving an arbitration clause which incorporated the AAA rules and explicitly exempted certain claims from arbitration. In reaching its decision, the Fifth Circuit looked to the Second Circuit’s decision in NASDAQ OMX Grp., UBS Securities, LLC , 770 F.3d 3d 1010 (2d Cir.

Casing 76
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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

In re Oil Spill by Oil Rig “Deepwater Horizon” in Gulf of Mex., 2014); Barker v. 2014); Barker v. They later brought suit against BP and several other defendants, alleging negligent infliction of emotional distress. The district court dismissed their case under Rule 12(b)(6). 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

3d 550, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. Smart Fabricators of Texas (“SmartFab”) fabricates steel and repairs oil and gas drilling equipment.

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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.