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Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

QEP owned a mineral lease cover­ing Plaintiffs’ property, but because it wanted to transport off-site gas across their property, QEP also ob­tained a pipeline servitude across Plaintiffs’ land. On the case’s second trip to the Fifth Circuit, the court focused upon the theories of recovery articulated by the Plaintiffs.

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Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

QEP owned a mineral lease cover­ing Plaintiffs’ property, but because it wanted to transport off-site gas across their property, QEP also ob­tained a pipeline servitude across Plaintiffs’ land. On the case’s second trip to the Fifth Circuit, the court focused upon the theories of recovery articulated by the Plaintiffs.

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New Developments in Shocking Case Before the Texas Supreme Court Regarding Construction of Novel Oil & Gas Royalty Term

The Energy Law

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. The lessors won in the trial court; the court of appeals affirmed. Factual Background and Issue. Accordingly, the lessees paid 1/5th of the gross proceeds.

Royalty 59
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Western District Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

QEP Energy Company , the Western District of Louisiana rejected, for the second time in this case, Plaintiffs’ claims seeking a disgorgement of QEP’s profits. As to Plaintiffs’ claim under the Civil Code articles on accession, the District Court found those articles could not lead to an award of disgorgement.

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Western District Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

QEP Energy Company , the Western District of Louisiana rejected, for the second time in this case, Plaintiffs’ claims seeking a disgorgement of QEP’s profits. As to Plaintiffs’ claim under the Civil Code articles on accession, the District Court found those articles could not lead to an award of disgorgement.

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When It Comes to Pilot Errors: State Statutes Preempt General Maritime Law

The Energy Law

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. Among the many claims asserted between the parties, Marquette Transportation Co.

IT 52
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Texas Supreme Court Decides Energy Transfer Partners v. Enterprise Products

The Energy Law

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 Texas Supreme Court issued an opinion today in Energy Transfer Partners, L.P

Energy 40