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Third Circuit Issues Long-Awaited Ruling in OPA Liability Case

The Energy Law

On March 29, 2018, the United States Court of Appeals for the Third Circuit issued its ruling in In re: Petition of Frescati Shipping Co., The ATHOS I successfully completed the 1,900 mile journey from Venezuela to Paulsboro, but its hull was pierced by a submerged anchor within 900 meters of its intended berth.

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Third Circuit Restores Rule B Attachment Based On Breach of Contract Claim Under English Law, Implied Indemnity Claim Not Enough

The Energy Law

In this case, Tongli Shipping Pte. Bunge”) in 2018; Bunge subsequently voyage chartered the vessel to ADM International Sarl (“ADM”). The court found that an English law cause of action for general indemnity is not complete until there has been payment to a third party.

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Highly Anticipated En Banc Fifth Circuit Opinion Reframes Maritime Contract Analysis

The Energy Law

8, 2018). The case called upon the court to determine whether a contract for performance of specialty services to facilitate the drilling or production of oil and gas on navigable waters is maritime in nature. 16-30217 (5th Cir. If so, the contract is maritime in nature.

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Federal Circuit Holds U.S. Army Corps of Engineers Not Liable for Hurricane Katrina Flood Damage

The Energy Law

The United States Court of Appeals for the Federal Circuit recently issued a significant opinion in a case in which a takings claim was asserted to redress Hurricane Katrina-related flood damage. On April 20, 2018, it reversed a decision of the United States Court of Federal Claims (“Claims Court”), which had held the U.S.

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Supreme Court of Pennsylvania Weighs in on Hydraulic Fracturing and Subsurface Trespass

The Energy Law

1] Prior to the Pennsylvania ruling, there were two seminal cases that have addressed the issue and reached conflicting results. The court found that an actionable trespass claim requires an injury and that the only claimed injury in this case—drainage of gas from beneath the plaintiff’s property—was barred by the rule of capture. [3]

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Latest Guidance on Fiduciary Duties

The Energy Law

We will address Regulation BI and Form CRS in a later blog post after we have had time to digest completely the four releases. The Fiduciary Release does not create any new duties, but “reaffirms, and in some cases clarifies, certain aspects of the federal fiduciary duty an investment adviser owes to its clients.” [3]

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Sierra Club Asks Court to Ban Use of Legacy DOT-111 Tank Cars

The Energy Law

Thus, if finalized as proposed, the new rules would shippers to continue to use legacy DOT-111 tank cars to ship Bakken crude until October 2018. First, the NGOs claim that threat posed by the continued use of legacy DOT-111 tank cars is so severe that the 2018 ban contemplated in the proposed rules is simply too extended.