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Louisiana Supreme Court Relies on Employment-at-Will Doctrine in Enforcing Private Employer’s Vaccine Mandate

The Energy Law

On Friday, January 7, 2022, the Louisiana Supreme Court unanimously upheld a COVID-19 vaccine mandate program that the state’s largest private healthcare system implemented for its employees. It will also be useful to employers in a variety of other cases where their personnel decisions are challenged. Hayes, et al.

Casing 105
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Fifth Circuit Allows Landowners’ Tort Claim Against Louisiana Department of Environmental Quality to Move Forward

The Energy Law

21-30523, 2022 WL 9862487 (5th Cir. 17, 2022) (hereinafter “ D & J Invs. One of the Facility Defendants removed the case to federal court on the basis of diversity jurisdiction, arguing that complete diversity existed between all properly joined defendants and the Plaintiffs. In D & J Invs. of Cenla, L.L.C.

E&A 97
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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 Third Circuit’s opinion in this case is the culmination of a year-and-a-half-long discovery dispute. In February 2022, Plaintiffs served their fourth set of discovery requests that included requests for electronically stored information (“ESI”).

IT 98
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Dismissal of Louisiana’s Challenge to TED Requirement for Shrimping Vessels in State Waters Affirmed

The Energy Law

The District Court for the Eastern District of Louisiana preliminarily enjoined the enforcement of the Final Rule in Louisiana inshore waters until February 1, 2022, finding the state could sue in its quasi-sovereign capacity with its interest in and ownership of marine resources.

E&A 98
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2023 Begins With Increased (or Unlimited) Liability for Vessel Owners

The Energy Law

maritime law experienced two significant changes on December 23, 2022—one pertaining to liability for oil pollution, the other concerning small passenger vessels. After significant changes, the SPVA was signed into law on December 23, 2022, as part of the nearly 2000-page James M. 23, 2022) (to be codified at 33 C.F.R.

Oil 98
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Louisiana Legislature to Consider Amendments to Forced Pooling Regime Requiring Operators to Pay Lessors of Nonparticipating Working Interest Owners Directly

The Energy Law

While 30:10 was amended during the 2022 legislative session, the amendment preserved the limited obligation of remitting the royalty and overriding royalty burdens to the nonparticipating owner for the benefit of the royalty and overriding royalty owners.

Royalty 98
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The Louisiana Supreme Court Issues New Decision Addressing Scope of Claims for Negligent Infliction of Emotional Distress Absent Physical Damage  

The Energy Law

Valero Refining Meraux, LLC , 2022-00469 (La. On January 27, 2023, the Louisiana Supreme Court issued a ruling involving claims for negligent infliction of emotional distress (“NIED”) absent physical damage. In Spencer v. 1/27/23), — So. should apply equally to NIED claims without corresponding physical harm.