This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
In May 2018, oil and gas industry defendants removed a docket of 42 cases alleging violations of Louisiana’s coastal zone management laws to federal court in the Eastern and Western Districts of Louisiana (“CZM cases”). 18-5217, 2019 WL 2271118 (E.D. May 28, 2019). 18-677, 2019 WL 4734394 (W.D. 26, 2019), —F.
On May 28, 2019, United States District Judge Martin Feldman issued a sixty-four page Order and Reasons which granted motions to remand filed by Plaquemines Parish and the State of Louisiana in The Parish of Plaquemines v. That case is one of forty-two Coastal Zone Management Act (“CZMA”) cases that were removed to Federal court in May 2018.
ExxonMobil removed the case to federal court arguing that the lawsuit involves “complex federal statutory, regulatory, and constitutional issues and frameworks,” which should supplant Massachusetts’ interpretation of climate issues. Below we take a closer look at each category of lawsuits and provide an update on where they stand today.
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.
a case concerning Texas partnership law. Oral argument before the Texas Supreme Court is scheduled for October 8, 2019. Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry.
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. Cornerstone Investments, LLC, et al. 2018-CC-0735 (La. Simmons at 3-4. Bozovic Marine, Inc. , 3d 353 (5th Cir.
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. Devries , No. 17-1104, — S.
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. On June 2, the U.S. Bunge appealed.
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]
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. But more than minerals are released.
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. The KIEFFER E. The KIEFFER E. 4 1 87 F.4th 4th 678 (5th Cir.
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. 30:80 et seq. who last operated the property.
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.
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.* There is a total of 55 advisers registered with the SEC in Louisiana.
However, if the current trend continues, the Haynesville could approach its prior peak production average in early 2019. El Paso E & P Co. , El Paso E & P Co. , In that case, the plaintiff-lessors argued, the lease should be rescinded based on their error. For example, in Alyce Gaines Johnson Special Trust v.
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. BPX Operating Co., Johnson Ruling Reversing Prior PPC Ruling.
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. Smart Fabricators of Texas, LLC , 970 F.3d The rig was jacked up out of the water with its legs on the seabed.
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. Smart Fabricators of Texas, LLC , 970 F.3d The rig was jacked up out of the water with its legs on the seabed.
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.
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.
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. 30:10 was inapplicable to the case because the costs outlined in the statute comprised only pre-production and production costs. Chesapeake Louisiana, LP. [1]
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. Communications include firm news, insights, and events.
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.
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. Alcoa Steamship Co.
On July 15, 2020, The Third Circuit Court of Appeals issued an opinion awarding damages for a violation of due process rights against a private pipeline company. Bayou Bridge Pipeline, LLC v. Acres, More or Less, Located in St. Martin Parish, et al. [1] James, Louisiana. One landowner had an interest of.0000994 0000994 and the other two owned an.0005803
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.
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. Once we go back to the new normal we expect that each E&P company will decide which is the most suitable for their needs, in-person or virtual? The criteria will depend on each use case.
The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). 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. In In re Deepwater Horizon , No. See Barker v.
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. If not superseded, BlueStone would be permitted to deduct post-production costs.
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. If not superseded, BlueStone would be permitted to deduct post-production costs.
On July 15, 2020, The Third Circuit Court of Appeals issued an opinion awarding damages for a violation of due process rights against a private pipeline company. Bayou Bridge Pipeline, LLC v. Acres, More or Less, Located in St. Martin Parish, et al. [1] James, Louisiana. One landowner had an interest of.0000994 0000994 and the other two owned an.0005803
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] 3] It is effective immediately.
The disease has been named “coronavirus disease 2019” (abbreviated “COVID-19”). In all cases, the inquiry is likely to be fact-specific. Today, countries worldwide are responding to a pandemic of respiratory disease spreading from person-to-person caused by a novel coronavirus. Black’s Law Dictionary (11th ed.
The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). 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. In In re Deepwater Horizon , No. See Barker v.
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. Factual and Procedural Background. Burlington Resources Oil & Gas Co., 3d 198, 211 (Tex.
Before Cyan was decided, the enforceability of exclusive federal forum provisions was challenged in a separate Delaware case, Sciabacucchi v. 346, 2019 (Del. Corporations generally prefer to litigate these claims in federal court as state court is viewed as inefficient and more inclined to grant plaintiffs a summary judgment ruling.
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. Communications include firm news, insights, and events.
Finally, the AWO recommends the development of a “written outbreak management plan” that contains information to track and identify suspected cases and the locations of sick crewmembers, cleaning procedures, etc. In response to the continuing COVID-19 epidemic, the United States Coast Guard, Centers for Disease Control and Prevention, U.S.
Day-to-day life has been dramatically impacted by the coronavirus disease 2019 (COVID-19), and many courts in Louisiana and Texas have been forced to close or limit operations in conjunction with stay-at-home orders. In addition, no residential eviction cases may proceed until after April 19, 2020.
2] Justice Kennedy’s concurrence disagreed, stating that the Army Corps of Engineers (Corps) must establish a significant nexus between wetlands and adjacent non-navigable tributaries on a case-by-case basis if the wetlands were to be regulated. [3] Supreme Court decision in Sackett v. United States , 547 U.S.
On Tuesday, U.S. District Judge Terry A. Doughty of the Western District of Louisiana granted Plaintiff States’ request for an injunction to block the Biden Administration’s pause on new federal oil and gas lease sales (“Lease Pause”). Louisiana v. 2:21-cv-00778-TAD-KK, 2021 WL 2154963 (W.D. June 15, 2021). at 26-27.
On Tuesday, U.S. District Judge Terry A. Doughty of the Western District of Louisiana granted Plaintiff States’ request for an injunction to block the Biden Administration’s pause on new federal oil and gas lease sales (“Lease Pause”). Louisiana v. 2:21-cv-00778-TAD-KK, 2021 WL 2154963 (W.D. June 15, 2021). at 26-27.
On Tuesday, U.S. District Judge Terry A. Doughty of the Western District of Louisiana granted Plaintiff States’ request for an injunction to block the Biden Administration’s pause on new federal oil and gas lease sales (“Lease Pause”). Louisiana v. 2:21-cv-00778-TAD-KK, 2021 WL 2154963 (W.D. June 15, 2021). at 26-27.
On March 29, 2019, Alaska Federal District Court Judge Sharon Gleason granted summary judgment in favor of plaintiff environmental groups in League of Conservation Voters v. Trump , 3:17-00101. Instead, such revocation remains vested with Congress. Communications include firm news, insights, and events.
We organize all of the trending information in your field so you don't have to. Join 5,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content