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Texas Supreme Court Agrees to Review Three Oil and Gas Cases in 2016

The Energy Law

On September 2, 2016, the Texas Supreme Court agreed to review three oil and gas cases involving issues pertinent to the industry and land and mineral owners. Red Deer has been set for oral argument on November 10, 2016. is another top-lease case from the Amarillo Court of Appeals. BP America Production Company v.

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Offshore Companies Face Surge in BSEE Enforcement Actions and Penalties

The Energy Law

Together, these developments will undoubtedly lead to more litigation and a higher cost of doing business on the Outer Continental Shelf. The number of civil penalty cases has risen gradually since 2009, with a sharp increase over 2013-2015. The average civil penalty amount per case has also grown, especially in the last two years.

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Louisiana Supreme Court Limits Effect of Collateral Source Rule in Personal Injury Cases

The Energy Law

2016), a decision that was “legally indistinguishable,” albeit only persuasive and non-binding. Hoffman , 209 So.3d The Court also looked to the recent United States Fifth Circuit opinion of Deperrodil v. Bozovic Marine, Inc. , 3d 353 (5th Cir. Simmons at 7.

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Louisiana Supreme Court Holds Punitive Damages Are Available Under General Maritime Law Against Products Liability Defendant

The Energy Law

Case: Warren v. 2016-C-1647 (La. 4] This case is the first pronouncement from the Louisiana Supreme Court that punitive damages are available under general maritime law. 471 (2008) limited the ratio of punitive damages to compensatory damages in maritime cases at 1:1. Shelter Mutual Ins. 10/18/17), So. Baker , 554 U.S.

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The Dusky Gopher Frog Lives to Fight Another Day: Fifth Circuit Denies Rehearing

The Energy Law

Court of Appeals for the Fifth Circuit denied Defendants’ Petition for Rehearing En Banc in the case titled Markle Interests, L.L.C., The Defendants likely next step is to file a petition for writ of certiorari in hopes to have the United States Supreme Court hear their case. Fish and Wildlife Service, et al.

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Texas Supreme Court Holds that References to “One-Eighth” in Old Oil and Gas Conveyances Presumptively Refer to the Entire Mineral Estate

The Energy Law

In support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. Another possible example, though not noted by the Court, can be seen in a case currently pending before the Eastland Court of Appeals: PetroLegacy Energy II, LLC v. Dils Co. , 2d 904 (Tex. Dawkins , 483 S.W.3d Element Petroleum Props.,

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New Judge, Same Result – $81 Million CWA Civil Penalty Appealed

The Energy Law

In January 2016, Judge Haik retired from the bench and the case was transferred to Judge Drell. 2:08CV00893, 2016 WL 1158075, at *4 (W.D. CITGO filed an appeal of the ruling with the Fifth Circuit on May 4, 2016. The EPA sought a penalty of $4,300 per barrel. Adm’r of E.P.A. CITGO Petroleum Corp., Year in Rev.