The Energy Law

APRIL 5, 2018

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., Procedural History The case was originally tried in a forty-one day bench trial by Judge John P. This raises a dire warning to defendants in cases involving subrogated claims.

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The Energy Law

JANUARY 24, 2018

23, 2018). Alleging that the lack of an exhaust mechanism made the vessel unseaworthy, the plaintiff sued the vessel owner for unseaworthiness, seeking punitive damages among other remedies. Dutra Group , No. 15-56775 (9th Cir.

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The Energy Law

MARCH 31, 2020

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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