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E-Discovery Update: Louisiana Third Circuit Affirms Defendant’s Authority to Govern Its Own E-Discovery Protocols

The Energy Law

The Louisiana Third Circuit recently ​affirmed a trial court discovery ruling that allowed the defendant to design its own e-discovery protocol without input from plaintiffs. 3d–, whereby the court affirmed the trial court’s discretion to deny the plaintiffs’ demand for control over the defendant’s e-discovery protocols. ​ App.

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United States Court of Appeals Finds BOEM Environmental Impact Statement Deficient, But Declines to Vacate Leases Issued in 2018 Offshore Lease Sales

The Energy Law

In a recent opinion released by the United States Court of Appeals for the District of Columbia Circuit, the court declined to vacate a deficient environmental impact statement (“EIS”) prepared in connection with two offshore lease sales held in 2018, the records of decision announcing the sales, or the leases issued.

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Louisiana Third Circuit Affirms that LDNR Can Only Recover Emergency Response Costs Under La. R.S. 30:93(A)(4) from the Operator of Record and its Working Interest Owners

The Energy Law

The Lyon Well was leaking in 2018, which prompted the LDNR to task the current operator (Sandhill Production, Inc.) 4/6/22), –So. 3d–, the Louisiana Third Circuit denied the LDNR’s claims for recovery of over 6.3 million dollars in emergency costs from prior operators of an orphaned well. 30:80 et seq. Lyon Well #1. with stopping the leak.

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Fifth Circuit Holds That Foreign Forum Selection Clauses Are Enforceable In Insurance Policy

The Energy Law

On August 20, 2018, Noble House’s yacht lost its port-side rudder while entering a channel in the Bahamas. Noble House purchased the policy from Underwriters by way of a Texas-based insurance broker in February 2018. The policy contained a forum-selection clause which selected the courts of England and Wales for all disputes.

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United States Fifth Circuit Weighs in on La. R.S. 30:103.1 and 103.2 Notice Requirements

The Energy Law

Kelly moved for partial summary judgment against Aethon, citing a December 15, 2017 letter and April 17, 2018 letter as satisfying the requirements of La. In addition, the April 17, 2018 letter also closely tracked La. Louisiana Revised Statutes 30:103.1 Kelly Land Company, L.L.C. Aethon Energy Operating, L.L.C. , 4th 369 (5th Cir.

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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

Bunge”) in 2018; Bunge subsequently voyage chartered the vessel to ADM International Sarl (“ADM”). On June 2, the U.S. The court found that qualifying claims must be ready for adjudication and actually asserted; contingent or incomplete claims cannot be adjudicated and do not meet the requirements of a prima facie claim.

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Haynesville shale gas production is increasing again; Will Haynesville-related litigation increase again, too?

The Energy Law

In August 2018, dry natural gas production from the Haynesville shale averaged 6.774 billion cubic feet per day, which is the highest daily Haynesville production average since September 2012 when production averaged 6.962 billion cubic feet per day. August 2018 was not an anomaly. El Paso E & P Co. , 2d 640, 641-43 (W.D.

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