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On June 16, 2023, the Supreme Court of Texas released the plurality opinion in Sarah Gregory and New Prime, Inc. 21-0017, 2023 WL 4035886 (Tex. June 16, 2023). This case arises from a fatal accident on an icy, unlit stretch of highway near Amarillo, Texas. A wrongful death case is no different in this regard.
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] 21] These efforts usually fail, but occasionally—as in the case of MORRO CASTLE and now CONCEPTION—they succeed, even if only partially.
3:19-CV-238, 2023 WL 113740 (S.D. 5, 2023). [2] Consequently, the Court excluded the video from evidence, declined to award Maersk taxable court costs (despite prevailing on the merits), and required Maersk to reimburse the Plaintiffs for their share of the trial transcript. 1] Jana Reed, et al.,
On October 30, 2023, the U.S. Flint 1 applied to the case at hand, barring claimants from recovering economic damages for deferred oil production. This case required a complex analysis of Robins Dry Dock due to separate entities, under claimants’ parent company, owning the pipeline, and leasing the wells and platforms.
19, 2023) (“ D.C. Part I of this blog covers some basics about state and federal courts, explaining why the jurisdictional question of where a case will be decided is often contested. Federal Court “Removal” is the name for the process when a party transfers a case originally filed in a state court to a federal court.
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.” This is the analysis the Court applied in the instant case of Noble House LLC v. The case is Noble House, L.L.C. May 1, 2023).
Instead, BSEE decided to retain the current framework, under which BSEE’s position is that it may issue decommissioning orders to any or all jointly and severally liable parties in the chain of title on a case-by-case basis. 23569 (April 18, 2023). The new regulations take effect on May 18, 2023.
On Friday, March 31, 2023, Representative Larry Bagley of Louisiana’s District 7 proposed amendments to Louisiana Revised Statutes § 30:10. As was the case in 2012, this proposed amendment would also extend this direct payment requirement to any overriding royalty interests burdening the nonparticipating owner’s lease.
On May 17, 2023, the United States District Court for the District of Massachusetts dismissed plaintiffs’ challenges to the Vineyard Wind Project—the United States’s first major offshore wind project. United States Department of the Interior , 1:21-cv-11091-IT; and Responsible Offshore Development Alliance v.
On September 8, 2023, EPA and the U.S. The final rule additionally does not clarify the phrase “relatively permanent” in the rule, signaling that such decisions will likely be made on a case-by-case basis by the local Army Corps district. The final rule revises the agency regulations in light of the U.S.
21-0146, 2023 WL 2053175 (Tex. 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 support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. The Texas Supreme Court recently released its opinion in Van Dyke v.
On June 15, 2023, the United States Court of Appeals for the Fifth Circuit held that the State of Louisiana lacked standing to challenge the National Marine Fisheries Service (NMFS) Final Rule requiring certain shrimping vessels in Louisiana waters to use turtle excluder devices (TEDs).
3d , 2023 WL 526075, the Louisiana Supreme Court rejected a writ of mandamus that would have compelled the LDNR to satisfy a $4.7 The Court distinguished those cases, pointing to constitutional and statutory provisions that mandate appropriation under those specific circumstances. In Crooks v. 1/1/23), So.
As of June 2023, 146 countries have ratified or adopted the International Maritime Organization’s (“IMO”) International Convention on Civil Liability for Oil Pollution Damage, 1992 (the “CLC”). The greater of $2,500 per gross ton or $21,521,300 CLC 92 Vessel Size 2023 Limit of Liability 3 <5,000/GRT 4.51 <3,000/GRT 2.
The Louisiana Legislature’s 2023 Regular Session begins on April 10th, and last Friday, Louisiana Senator Allain of District 21 filed SB 154 proposing to enact a statutory framework directly governing the rights and obligations of parties to renewable energy leases.
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. Valero Refining Meraux, LLC , 2022-00469 (La. 1/27/23), — So. should apply equally to NIED claims without corresponding physical harm.
On December 18, 2023, the U.S. United States , Case No. In this case, the parties’ ten-year conflict centered on USACE’s attempts to assert CWA jurisdiction over “wetlands” on the subject property throughout the shifting regulatory landscape that attempted to apply that test. Supreme Court’s Sackett v. In Lewis v.
On December 4, 2023, in Marquette Transportation Co. 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. Gulf-Inland, LLC v. Navigation Maritime Bulgare JSC, et al. , 4 1 87 F.4th 3 46 U.S.C.
08-22-00037-CV, 2023 WL 4846861 (Tex. El Paso July 28, 2023, no pet. That being the case, Justice Palafox did not believe the regulations had any role in determining the ownership of produced water. The trial court granted summary judgment in COG’s favor, leading Cactus to file an appeal with the El Paso Court of Appeals.
In this case, Tongli Shipping Pte. 22-1276, 2023 WL 3773670 (3d Cir. June 2, 2023). Property is defined broadly and includes traditional maritime assets, but also other tangible and intangible assets, including bank accounts, accounts receivable, and debts. Tongli”) time chartered the cargo ship M/V Orient Rise to Bunge S.A.
21-0461, 2023 WL 3028100 (Tex. 2023), the Texas Supreme Court held that the lessee could not invoke a force majeure clause to save its oil and gas leases when it inadvertently scheduled its operations to begin after the requisite deadline. In Point Energy Partners Permian, LLC v. MRC Permian Company , — S.W.3d
OSHA conducted fewer fatality investigations in fiscal 2024 than fiscal 2023 while recording fewer deaths involving trench collapses and falls. Supervisors are being educated to identify improperly fitted PPE and ensure replacements are provided promptly. Numbers don’t lie, but sometimes they can be misleading.
20-0904, 2023 WL 2438927 (Tex. 2023), in which it held that lessees owed royalties in excess of their gross proceeds, specifically “adding back” costs incurred by third-party buyers that were enumerated in the sales contract and subtracted from the sales price. Sheppard , — S.W.3d NationsBank”, 939 S.W.2d 2d 118 (Tex.
The Fifth Circuit agreed with the lower court that state statutes and case law characterize SRA-L as an arm of the state; but caveated that the factor was restricted and “given the inconsistent descriptions in the same statutes and the lack of a more-definite characterization in either statute or case law.” [7] Sabine River Auth.,
On December 16, 2022, Congress passed the National Defense Authorization Act of 2023 which contains a material expansion of the United States Maritime Administration’s Capital Construction Fund Program. Earnings on deposit in a CCF account also grow tax free. This bill is currently awaiting Biden’s signature.
Adopt a proactive approach by supporting EV owners with education, incentives, and improved charging solutions. However, 2023 saw a 35% increase in EV sales, with 2024 well on the way to bring total EV numbers close to 40 million. However, the charging experience can feel complex and, in some cases, confusing.
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.
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. Employment Agreements.
SELF-EDUCATING ON SELF-DRIVING My introduction to self-driving cars came from a deep-dive into what became a portfolio holding, Arteris (AIP – NASDAQ). The OEM doesn’t design the whole car, and Arteris doesn’t design the whole chip, but they are a key piece of the final product (in this case the semiconductor).
21-454 (May 25, 2023) is a landmark ruling in environmental law interpreting the scope of water bodies covered by the Clean Water Act (CWA) – an issue that has been debated by courts, presidential administrations, and federal agencies for decades. Supreme Court decision in Sackett v.
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