The Energy Law Blog

MAY 10, 2019

On May 9, 2019, the Louisiana Supreme Court issued an important opinion restricting application of the collateral source rule in personal injury lawsuits. In Simmons v. Cornerstone Investments, LLC, et al. 2018-CC-0735 (La.

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The Energy Law Blog

MARCH 20, 2019

Ct. —, 2019 WL 1245520 (U.S. March 19, 2019), the U.S. The defendant manufacturers removed the cases from Pennsylvania state court to federal court and invoked the “bare metal defense” under general maritime law, arguing that they should not be liable for harms caused by later-added third-party parts. 2019 WL 1245520 at *6. [4]

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The Energy Law Blog

AUGUST 4, 2023

In response, the Texas Legislature passed Texas Natural Resources Code § 122.002 on September 1, 2019, which grants title to produced water to whoever takes possession of it for the purpose of treating it for subsequent beneficial use, unless a conveyance instrument expressly provides otherwise.

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The Energy Law Blog

JANUARY 31, 2023

6] The last CPI adjustment occurred in 2019. 10] While the rule does not specify whether the new limits apply retroactively to oil spills that occur before the effective date, case law indicates that the change will be prospective only. [11] 4] OPA liability is capped, however, subject to certain exceptions. [5]

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The Energy Law Blog

JULY 6, 2023

In December 2019, to protect endangered sea turtles, the NMFS promulgated a rule requiring a TED on all skimmer trawlers over 40 feet in length, including those operating in state waters. With Louisiana’s case dismissed, the TED requirements for shrimp skimmer trawl vessels 40 feet and greater in length are likely to remain in place.

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The Energy Law Blog

OCTOBER 22, 2019

Top Louisiana Advisers Ranked by Assets under Management Top Louisiana Advisers Ranked by Number of Accounts SEC Issues New Proxy Guidance for Advisers On August 21, 2019, the SEC issued new guidance on the voting of proxies by investment advisers.* In most cases, we recommend not voting proxies for your clients. IA-5325 (Aug.

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The Energy Law Blog

NOVEMBER 18, 2020

Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc. Enterprise Offshore Drilling LLC, 2019 WL 2515307 (Jun. 1349(b)(1). 3d 726 (S.D. 347, 354 (1995).

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The Energy Law Blog

NOVEMBER 18, 2020

Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc. Enterprise Offshore Drilling LLC, 2019 WL 2515307 (Jun. 1349(b)(1). 3d 726 (S.D. 347, 354 (1995).

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The Energy Law Blog

JUNE 8, 2020

With the prevalence of cases involving royalty disputes in Texas, the state’s Supreme Court has never hesitated to address these issues. Heritage Resources is the underlying case that must be understood to decipher the Supreme Court’s logic as it continues to rectify the numerous creative royalty provisions across Texas today.

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The Energy Law Blog

FEBRUARY 4, 2021

The distributor argued that the inclusion of its request for injunctive relief brought the case under the carve-out in the arbitration provision. This is now the second time this case has been before the Supreme Court on issues of arbitrability. It also rejected the “wholly groundless” exception altogether. 3d 1010 (2d Cir.

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The Energy Law Blog

APRIL 12, 2022

The Litel case began as a legacy lawsuit, in which Pioneer Natural Resources, Inc. Sandhill never managed to stop the leak, and it abandoned the well in August 2019. Thereafter, the LDNR intervened in the Litel case, seeking recovery of emergency costs from Pioneer and Gary. who last operated the property. Lyon Well #1.

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The Energy Law Blog

JANUARY 31, 2020

a case previously featured on the Blog. This case began in 2011 when ETP and Enterprise explored the possibility of partnering to modify and extend, or construct anew, a pipeline to transport oil southbound from Cushing, Oklahoma. The Court of Appeal reversed, and the Texas Supreme Court heard argument in the case on October 8, 2019.

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The Energy Law Blog

JUNE 20, 2023

In this case, Tongli Shipping Pte. When the Vessel arrived off the Mississippi River in February 2019, things went awry. In July 2019, Tongli initiated London arbitration proceedings against time charterer Bunge seeking indemnification for the settlement. Tongli”) time chartered the cargo ship M/V Orient Rise to Bunge S.A.

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IBM: Oil & Gas

DECEMBER 2, 2019

Between October 2018 and June 2019, we developed the first IBM Blockchain solution deployed on a non-IBM cloud — in this case AWS. It was a textbook case study of various vendor resources coming together to build something that’s never been built before.

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The Energy Law Blog

APRIL 17, 2019

The Louisiana Board of Tax Appeals, faced with numerous cases raising this same issue, heard a “test case” involving Avanti Exploration, LLC. The attorneys involved in Avanti case are Cheryl Kornick , James Exnicios , Robert Angelico , and R.J. The decision can be found here.

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The Energy Law Blog

MARCH 26, 2019

On March 21, 2019, the U.S. 30:10 was inapplicable to the case because the costs outlined in the statute comprised only pre-production and production costs. If you would like additional information on this case and its potential implications, please contact Brittan J. 1] See 2019 WL 1301985 (W.D. for the position that La.

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The Energy Law Blog

SEPTEMBER 9, 2019

When is a case removable to federal court? The general rule is that removability is determined at the time a case is filed. 2019), the Fifth Circuit blurred the line between these categories and expanded the cases that can be removed to federal court. The Lane Construction Corporation , 927 F.3d 3d 287 (5th Cir.

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The Energy Law Blog

SEPTEMBER 29, 2020

As noted by Judge Ezell in his dissent, the cases relied upon by Defendants in seeking damages for violation of constitutional property rights actually only awarded damages for trespass. In their brief, the Defendants cite the following quote from the United States Court of Appeals, Fifth Circuit case of Archbold-Garrett v. 7/15/20).

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The Energy Law Blog

MARCH 31, 2022

For nearly three years, unit operators in Louisiana have waited to see whether the Western District of Louisiana would change course or double down on its March 2019 decision in Johnson v. Earlier information about this case can be found here. *In Chesapeake. Johnson Ruling Reversing Prior PPC Ruling.

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The Energy Law Blog

MAY 17, 2019

After years of inconsistent rulings, the Fifth Circuit is poised to address a removal issue with significant ramifications for Louisiana tort cases. Instead, it continues to apply the pre-amendment causal nexus test to post-amendment cases. Oral argument is set for the week of September 23, 2019.

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The Energy Law Blog

DECEMBER 29, 2023

1 the Court of Appeals for the Fifth Circuit held that state law—and specifically in this case, Louisiana law—governs the applicable negligence standard and burden of proof for a pilot’s error. On January 3, 2019, the M/V STRANDJA and the M/V KIEFFER E. Navigation Maritime Bulgare JSC, et al. , BAILEY collided on the Mississippi River.

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The Energy Law Blog

OCTOBER 4, 2018

However, if the current trend continues, the Haynesville could approach its prior peak production average in early 2019. In that case, the plaintiff-lessors argued, the lease should be rescinded based on their error. As you can see, there have been two major increases in Haynesville production over the last ten years.

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The Energy Law Blog

FEBRUARY 4, 2021

The distributor argued that the inclusion of its request for injunctive relief brought the case under the carve-out in the arbitration provision. This is now the second time this case has been before the Supreme Court on issues of arbitrability. It also rejected the “wholly groundless” exception altogether. 3d 1010 (2d Cir.

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The Energy Law Blog

FEBRUARY 9, 2021

The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). The district court dismissed their case under Rule 12(b)(6). 2] Here, this was not the case. 2019), appeal filed , No. On January 11, 2021, the Fifth Circuit panel affirmed. 20, 2010 , 452 F. 3d 455, 463 (E.D. 2021 WL 96168 at *3.

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The Energy Law Blog

SEPTEMBER 29, 2020

As noted by Judge Ezell in his dissent, the cases relied upon by Defendants in seeking damages for violation of constitutional property rights actually only awarded damages for trespass. In their brief, the Defendants cite the following quote from the United States Court of Appeals, Fifth Circuit case of Archbold-Garrett v. 7/15/20).

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The Energy Law Blog

MARCH 31, 2021

While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. Randle , 02-18-00271-CV, 2019 WL 1716415, at *1 (Tex. 18, 2019, pet. BlueStone Nat.

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The Energy Law Blog

MARCH 31, 2021

While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. Randle , 02-18-00271-CV, 2019 WL 1716415, at *1 (Tex. 18, 2019, pet. BlueStone Nat.

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Drillers

AUGUST 19, 2020

After starting in October and November 2019 The global impact of the COVID-19 pandemic spread around the world in the first few months of 2020. The criteria will depend on each use case. While many citizens were critical of government responses being slow in some countries, overall, reactions were substantial and unprecedented.

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CG&A

DECEMBER 12, 2020

In this case, GROSS historical oil/gas production and well count are shown prior to the December 31, 2019 effective date, and GROSS forecasted values are shown after this date. In Figure 3 below, we have included a Summary Plot that is related to the Total Proved summary reserves and economics statement in Figure 1.

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The Energy Law Blog

JUNE 13, 2019

1] This Release is part of a package of new rules and interpretations adopted by the SEC on June 5, 2019. 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] IA-5248 (June 5, 2019) ( [link] ).

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The Energy Law Blog

FEBRUARY 9, 2021

The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). The district court dismissed their case under Rule 12(b)(6). 2] Here, this was not the case. 2019), appeal filed , No. On January 11, 2021, the Fifth Circuit panel affirmed. 20, 2010 , 452 F. 3d 455, 463 (E.D. 2021 WL 96168 at *3.

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Producer's Edge

JANUARY 27, 2025

In this case, CT Land and Cattle and Cattle Co., In this case, CT Land and Cattle and Cattle Co., In 2019, CT Land invoked the burial provision in the mineral lease and sued Unitex for breach of the lease and for declaratory relief when Unitex refused to comply. —Amarillo June 28, 2024, pet.

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The Energy Law Blog

MARCH 31, 2021

While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. Randle , 02-18-00271-CV, 2019 WL 1716415, at *1 (Tex. 18, 2019, pet. BlueStone Nat.

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The Energy Law Blog

MARCH 27, 2020

The disease has been named “coronavirus disease 2019” (abbreviated “COVID-19”). In all cases, the inquiry is likely to be fact-specific. One 1842 breach-of-contract case involving a yellow fever epidemic is instructive. Black’s Law Dictionary (11th ed. In William Roley Glover v. McAllister , 2 Rob. (La.)

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The Energy Law Blog

DECEMBER 4, 2017

The Department of Labor officially announced the 18-month extension of the effective date of the key, and most onerous provisions, of the DOL Fiduciary Rule (until July 1, 2019). [1] 1] The announcement was made on November 29, 2017.

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The Energy Law Blog

APRIL 4, 2019

On March 29, 2019, the U.S. In most cases, new owners will have nine months from the date of acquisition to notify EPA of their interest in participating in the program. New owners who acquired facilities in the twelve months before EPA finalized this program are also eligible.

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The Energy Law Blog

MARCH 19, 2020

Before Cyan was decided, the enforceability of exclusive federal forum provisions was challenged in a separate Delaware case, Sciabacucchi v. 346, 2019 (Del. Salzberg. [2] 2] In Sciabacucchi , the plaintiffs sought to invalidate those provisions in the certificates of incorporation of Blue Apron, Roku and Stitch Fix. Fund , 138 S.

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