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On June 30, 2021, the Louisiana Supreme Court issued an opinion redefining the nature of available damages and the “actual, statutorily permitted role of the jury in Act 312 remediation lawsuits.” 6/30/2021); — So. 3d — (“ LL&E II ”). [1]. Background of Legacy Litigation and LL&E I . LL&E II , at *2.
In doing so, the Court reaffirmed the employment-at-will doctrine, and its decision will likely be cited in many other types of employment law cases, including those asserting wrongful termination claims. It will also be useful to employers in a variety of other cases where their personnel decisions are challenged. Hayes, et al.
On February 3, 2021, the Fourth Circuit Court of Appeal affirmed a trial court’s ruling that granted a summary judgment motion finding plaintiffs failed to submit specific evidence of asbestos exposure necessary to create a genuine issue of material fact. Lamorak Ins. 20-0424 (La. In 2018, Charles Steib (“Mr. In 2018, Charles Steib (“Mr.
Now the case is before the Texas Supreme Court, with a recently submitted amicus brief containing the argument that could turn the tides back in the lessees’ favor. Now the case is before the Texas Supreme Court, with a recently submitted amicus brief containing the argument that could turn the tides back in the lessees’ favor.
District Court for the Southern District of Texas in November of 2021. Under this doctrine, “a court may decline to exercise its jurisdiction and dismiss a case that is otherwise properly before it so that the case can be adjudicated in another forum.” To date, Underwriters have not denied coverage.
On February 3, 2021, the Fourth Circuit Court of Appeal affirmed a trial court’s ruling that granted a summary judgment motion finding plaintiffs failed to submit specific evidence of asbestos exposure necessary to create a genuine issue of material fact. Lamorak Ins. 20-0424 (La. In 2018, Charles Steib (“Mr. In 2018, Charles Steib (“Mr.
BOEM approved the Construction and Operations Plan for the Vineyard Wind Project in July 2021, approximately 12 years after BOEM began evaluating the site for wind energy development. The plaintiffs’ arguments centered mostly on the project’s impact on an endangered species, the North Atlantic right whale.
This requirement was to go into effect on August 1, 2021. 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. The District Court noted that to withstand a motion for summary judgment, Louisiana would need to show a more concrete injury.
On June 30, 2021, the Louisiana Supreme Court issued an opinion redefining the nature of available damages and the “actual, statutorily permitted role of the jury in Act 312 remediation lawsuits.” 6/30/2021); — So. 3d — (“ LL&E II ”). [1]. Background of Legacy Litigation and LL&E I . LL&E II , at *2.
Updated from May 18, 2021 post. On May 17, 2021, the United States Supreme Court issued a decision in the climate change litigation affecting the fossil fuel industry. 1447(d), a provision that specifically authorizes interlocutory appeal of an order remanding a case removed pursuant to the federal officer removal statute. .
Updated from May 18, 2021 post. On May 17, 2021, the United States Supreme Court issued a decision in the climate change litigation affecting the fossil fuel industry. 1447(d), a provision that specifically authorizes interlocutory appeal of an order remanding a case removed pursuant to the federal officer removal statute. .
In support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. 17, 2023), in which it re-affirmed the axiomatic principle that a text retains the same meaning in the present day as when it was drafted. In addition to the estate misconception theory, the Court analyzed the “legacy of the one-eighth royalty.”
On June 29, 2021, the United States Supreme Court, in a 5-4 vote, held that a natural gas company’s right to condemn property for a pipeline under the Natural Gas Act includes the right to condemn state-owned property. In this case, PennEast sought to exercise the federal eminent domain power bestowed upon it by the Natural Gas Act (NGA).
2021) (“Henry Schein II”). 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.
On July 1, 2021, the Internal Revenue Service published Revenue Ruling 2021-13 , which provides guidance on three important issues related to the income tax credit for carbon oxide sequestration found in section 45Q of the Internal Revenue Code.
527 (1962) requires courts hearing maintenance and cure cases to construe disputed medical evidence in the seaman’s favor. On appeal, the Eleventh Circuit held that Vaughan does not require courts hearing maintenance and cure cases to construe all disputed medical evidence in the seaman’s favor. Supreme Court holding in Vaughan v.
20-30300, 2021 WL 96168, a three-judge panel of the U.S. 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). On January 11, 2021, the Fifth Circuit panel affirmed. 2021 WL 96168 at *2.
5/25/21), 2021 WL 2102932, —So. 3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., In Lexington Land Development, L.L.C. Chevron Pipelines Company , et al.,
24, 2021), the United States Court of Appeals for the Fifth Circuit addressed a question that has increasingly become a sticking point in Louisiana “legacy” cases: whether claims brought under a Louisiana citizen suit provision for alleged violations of state environmental regulations can be heard in federal court. 20-30224 (5th Cir.
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] First, the Coast Guard announced [1] increases to the liability limits in the Oil Pollution Act of 1990 (“OPA”). [2]
Sensing that the Department of Revenue may lose the Smith International case, the legislature used this Act to prohibit refunds for taxpayers who previously paid late payment penalties but would not owe them under the holding of Smith International. Now, the penalties imposed by Acts 2015, No. In addition, the late payment penalty in La.
20-30300, 2021 WL 96168, a three-judge panel of the U.S. 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). On January 11, 2021, the Fifth Circuit panel affirmed. 2021 WL 96168 at *2.
5/25/21), 2021 WL 2102932, —So. 3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., In Lexington Land Development, L.L.C. Chevron Pipelines Company , et al.,
5/25/21), 2021 WL 2102932, —So. 3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., In Lexington Land Development, L.L.C. Chevron Pipelines Company , et al.,
This recent case [ MIECO, L.L.C. With these common strings, this case could have implications (small or large) for other similar pending disputes across the state. In February 2021, during Winter Storm Uri, Pioneer failed to deliver the contracted amounts of gas from February 14 to 19. Pioneer Nat. 4th 710 (5th Cir.
2021) (“Henry Schein II”). 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.
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.
24, 2021), the United States Court of Appeals for the Fifth Circuit addressed a question that has increasingly become a sticking point in Louisiana “legacy” cases: whether claims brought under a Louisiana citizen suit provision for alleged violations of state environmental regulations can be heard in federal court. 20-30224 (5th Cir.
For example, Pacific Gas and Electric Company (PG&E) implemented four rate increases for all customers in 2024 alone. PG&E is far from alone. In many cases, there sems to be little no choice but to pass some of the growing costs on to consumers. For customers, it offers cheaper energy and more control.
On October 26, 2020, the U.S. Many questions on the form, however, ask for information as to actions and events that have occurred well after the borrower’s request for the PPP loan. Under federal income tax principles, these expenses generally would qualify as deductions against gross income on the borrower’s federal income tax return.
Sensing that the Department of Revenue may lose the Smith International case, the legislature used this Act to prohibit refunds for taxpayers who previously paid late payment penalties but would not owe them under the holding of Smith International. Now, the penalties imposed by Acts 2015, No. In addition, the late payment penalty in La.
The issue of whether a company is an independent contractor of an E & P company is frequently litigated in oilfield injury accidents, as the injured worker searches for multiple sources of possible recovery. This case was handled by Paul Adkins in Liskow’s Baton Rouge office. In McDaniel v R.J.’s s Transportation, LLC , —- So.3d
The issue of whether a company is an independent contractor of an E & P company is frequently litigated in oilfield injury accidents, as the injured worker searches for multiple sources of possible recovery. This case was handled by Paul Adkins in Liskow’s Baton Rouge office. In McDaniel v R.J.’s In McDaniel v R.J.’s
There are few cases interpreting these statutes. Plaintiff further argued that Miller was inapplicable because the unleased owner in that case “simply demanded the operator identify whatever interest the owner may have in any of the operator’s units.” and the penalty imposed in La. Plaintiff formally requested reports under La.
There are few cases interpreting these statutes. Plaintiff further argued that Miller was inapplicable because the unleased owner in that case “simply demanded the operator identify whatever interest the owner may have in any of the operator’s units.” and the penalty imposed in La. Plaintiff formally requested reports under La.
19-0459, 2021 WL 936175 (Tex. 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. Burlington Resources Oil & Gas Co., 3d 198, 211 (Tex.
19-0459, 2021 WL 936175 (Tex. 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. Burlington Resources Oil & Gas Co., 3d 198, 211 (Tex.
See 2021 WL 1432222 (Tex. The tables turned again at the Texas Supreme Court, which ultimately held that the boundary stipulation was valid and that the defendants conclusively established their ratification defense, but the case is still ongoing. Bringing to mind the infamous Hatfield-McCoy family feud, Concho Resources, Inc.
See 2021 WL 1432222 (Tex. The tables turned again at the Texas Supreme Court, which ultimately held that the boundary stipulation was valid and that the defendants conclusively established their ratification defense, but the case is still ongoing. Bringing to mind the infamous Hatfield-McCoy family feud, Concho Resources, Inc.
18-0983, 2021 WL 1045723, at *1 (Tex. 19, 2021) (“ Eagle II ”). The Eagle II case is the second case that arose between TRO-X, L.P. (“TRO-X”) The Texas Supreme Court recently released its anticipated opinion in Eagle Oil & Gas Co. TRO-X, L.P. , TRO-X”) and Eagle Oil & Gas Co.
In the world of oil and gas, there are a lot of companies with debt maturities coming due in 2020 or 2021 ( see this article from the Wall Street Journal discussing the $120 billion debt wall these companies will face through 2023), and oil prices have been below the break-even point for many drilling sites.
On October 26, 2020, the U.S. Many questions on the form, however, ask for information as to actions and events that have occurred well after the borrower’s request for the PPP loan. Under federal income tax principles, these expenses generally would qualify as deductions against gross income on the borrower’s federal income tax return.
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