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Louisiana Second Circuit Provides Clarity on Production in Paying Quantities and Affirms Lease Cancellation Under Mineral Code Article 140 for Failure to Pay Royalties

The Energy Law

On June 2, 2017 the Louisiana Second Circuit Court of Appeal affirmed a trial court’s judgment cancelling a mineral lease under Mineral Code article 140 and provided further clarity on a production in paying quantities analysis under Louisiana Mineral Code article 124. [1] 1] The dispute in Gloria’s Ranch, L.L.C.

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Corporate Protection Pipeline: Court Denies Economic Damages Based on Robins Dry Dock

The Energy Law

Ownership, in either case, can be determined through possession or control, responsibility for repair, and responsibility for maintenance. Flint 1 applied to the case at hand, barring claimants from recovering economic damages for deferred oil production. The Court was not persuaded. 303 (1927). 2 In re Falcon Global Offshore II , No.

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11th Circuit Finds Not All Disputed Medical Evidence Must be Construed in a Seaman’s Favor

The Energy Law

527 (1962) requires courts hearing maintenance and cure cases to construe disputed medical evidence in the seaman’s favor. Mandara Spa (Hawaii), LLC , the appellant seaman brought claims under the Jones Act and general maritime law for failure to pay maintenance and cure related to certain bodily injuries. Atkinson , 369 U.S.

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BSEE’s Updated Decommissioning Rules Address RUEs and Formalize Predecessor Enforcement Practices

The Energy Law

What started in 2020 as a proposed joint rulemaking between the DOI’s Bureau of Safety and Environmental Enforcement (“BSEE”) and Bureau of Ocean Energy Management (“BOEM”) was recently finalized as a stand-alone BSEE rule addressing decommissioning. 250.1700, et seq. BSEE added a new paragraph (c) to 30 C.F.R.

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Maritime Law: Key Legal Issues in Fires at Sea, Cargo Damage, Salvage, and More

The Energy Law

Fires at sea have been one of the greatest risks to ships and cargo for over a thousand years, and they implicate some of maritime law’s most unique aspects. These issues are briefly addressed below. Cargo Damage In the United States, cargo damage due to fire is treated differently than damage from other causes.

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Commercial Lease Considerations in the Wake of Hurricane Laura

The Energy Law

You can find these default rules in Articles 2668 – 2729 of the Louisiana Civil Code, the beginning of which you can access here. Lessors and lessees are free to allocate between themselves responsibility for repairs and maintenance of the leased premises.

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Admiralty Professor Haycraft Reports from the Courthouse Steps on the Dutra v. Batterton Supreme Court Argument

The Energy Law

Townsend , when punitive damages were allowed by the Court for egregious violations of the maintenance and cure obligation. 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. Batterton. [1]

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