The Energy Law Blog

OCTOBER 19, 2020

Additionally, a motion to recuse was filed to remove Justice Crain from the case. Justice Crain had been previously removed from a case involving the Talbot, Carmouche, and Marcello law firm; however, in this case, the Louisiana Supreme Court denied Plaintiff’s request, allowing Justice Crain to consider the writ application.

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The Energy Law Blog

JUNE 2, 2020

In two companion cases, a panel of the United States Court of Appeals for the Ninth Circuit decided whether a federal district court could properly exercise jurisdiction over climate change suits brought against energy companies by cities and counties in California. . 1442(a)(1). In City of Oakland et al. BP PLC et al. 1442(a)(1).

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The Energy Law Blog

DECEMBER 20, 2023

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. Only the court is different.

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The Energy Law Blog

NOVEMBER 27, 2023

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. The Court was not persuaded. 303 (1927).

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The Energy Law Blog

JANUARY 2, 2020

In May 2018, oil and gas industry defendants removed a docket of 42 cases alleging violations of Louisiana’s coastal zone management laws to federal court in the Eastern and Western Districts of Louisiana (“CZM cases”). Defendants removed Auster (and 11 other Western District CZM cases) based on federal officer jurisdiction (28 U.S.C.

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The Energy Law Blog

JULY 1, 2021

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.

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The Energy Law Blog

JULY 27, 2023

The Louisiana Third Circuit recently ​affirmed a trial court discovery ruling that allowed the defendant to design its own e-discovery protocol without input from plaintiffs. 3d–, whereby the court affirmed the trial court’s discretion to deny the plaintiffs’ demand for control over the defendant’s e-discovery protocols. ​The

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The Energy Law Blog

FEBRUARY 26, 2021

Following discovery, Parsons filed a motion for summary judgment premised on Plaintiffs’ inability to establish Mr. Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure. Lamorak Ins. 20-0424 (La. In 2018, Charles Steib (“Mr.

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The Energy Law Blog

JANUARY 11, 2022

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.

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The Energy Law Blog

APRIL 5, 2018

Procedural History The case was originally tried in a forty-one day bench trial by Judge John P. On March 29, 2018, the United States Court of Appeals for the Third Circuit issued its ruling in In re: Petition of Frescati Shipping Co., as Owner of the M/T ATHOS I , Nos. 16-3552, 16-3867 & 16-3868 (3d Cir. 2701, et seq.

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The Energy Law Blog

NOVEMBER 2, 2022

Baker Hughes a G E Co., 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. 17, 2022) (hereinafter “ D & J Invs.

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The Energy Law Blog

OCTOBER 19, 2020

Additionally, a motion to recuse was filed to remove Justice Crain from the case. Justice Crain had been previously removed from a case involving the Talbot, Carmouche, and Marcello law firm; however, in this case, the Louisiana Supreme Court denied Plaintiff’s request, allowing Justice Crain to consider the writ application.

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Casing E&A IT Education 40

The Energy Law Blog

JUNE 3, 2019

That case is one of forty-two Coastal Zone Management Act (“CZMA”) cases that were removed to Federal court in May 2018. The cases were removed to Federal court by Defendants pursuant to 28 U.S.C. Riverwood Production Co., 1442 (the federal officer removal statute) and 28 U.S.C.

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The Energy Law Blog

MAY 3, 2023

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. To date, Underwriters have not denied coverage.

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The Energy Law Blog

JULY 3, 2019

a case concerning Texas partnership law. 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. Enterprise Products Partners, L.P. , and has been closely followed by the energy industry.

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The Energy Law Blog

MAY 10, 2019

Cornerstone Investments, LLC, et al. 2018-CC-0735 (La. 5/8/19), the Court held the collateral source rule inapplicable to medical expenses charged above the amount actually paid by a workers’ compensation insurer pursuant to the workers’ compensation medical fee schedule. The court of appeal denied the plaintiff’s writ in a 2-1 decision.

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The Energy Law Blog

AUGUST 10, 2015

Together, the adopted amendments evidence the Court’s emphasis on promoting cooperative case management and reducing the delays and considerable costs often associated with the discovery process. A complete set of the amended and adopted rules may be accessed by clicking here. [1] 2] This theme is embraced throughout the adopted amendments.

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The Energy Law Blog

JUNE 29, 2023

1] In doing so, the Third Circuit affirmed the constitutional and statutory authority of the Tax Commission to correct assessment that, as in this case, did not properly reflect the fair market value of the pipeline system. In Enerfin Field Services v. Vernon Parish Board of Review , No. 22-740 (La. Vernon Parish Board of Review , No.

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Pipeline E&A Casing Oil 98

The Energy Law Blog

MAY 4, 2023

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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The Energy Law Blog

JULY 1, 2021

The “ LL&E II ” decision finds that Act 312 charges the court, not the jury, to determine the funding needed to remediate property to government standards. 3d — (“ LL&E II ”). [1]. Background of Legacy Litigation and LL&E I . In the landmark oilfield remediation case Corbello v. LL&E II , at *2.

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The Energy Law Blog

JANUARY 28, 2022

This case was handled by Paul Adkins of Liskow’s Baton Rouge office. 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. QEP Energy Company , the U.S. Read the opinion here.

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Pipeline Gas E&A Education 98

The Energy Law Blog

JANUARY 28, 2022

This case was handled by Paul Adkins of Liskow’s Baton Rouge office. 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. QEP Energy Company , the U.S. Read the opinion here.

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Pipeline Gas E&A Education 98

The Energy Law Blog

FEBRUARY 28, 2023

Plaintiffs argued for the application of the Jazz Casino and Lowther cases, in which the Court held that there was no discretion required to appropriate funds for judgments on overpaid taxes and firefighters’ back wages, respectively. State of Louisiana through the Department of Natural Resources , 22-0625 (La. 1/1/23), So.

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The Energy Law Blog

JANUARY 15, 2020

ExxonMobil removed the case to federal court arguing that the lawsuit involves “complex federal statutory, regulatory, and constitutional issues and frameworks,” which should supplant Massachusetts’ interpretation of climate issues. Below we take a closer look at each category of lawsuits and provide an update on where they stand today.

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Casing Government E&A IT 52

Rig Skills

FEBRUARY 26, 2019

Side door Elevators : A set of clamps that grips drill sting or casing string to lower or raise in wellbore. BOP ( Inside Blow Out Preve It is plunger t yp e flow control valve that only permit fluid to pump down and work as check valve. Rat hole Is hole on rig floor cased with pipe and is used to rack kelly.

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The Energy Law Blog

DECEMBER 29, 2023

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. On January 3, 2019, the M/V STRANDJA and the M/V KIEFFER E. The KIEFFER E. The KIEFFER E. BAILEY via radio and sound signals.

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IT E&A Casing Government 52

The Energy Law Blog

MARCH 7, 2023

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.”

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The Energy Law Blog

MAY 24, 2023

The plaintiffs in these cases also challenge the adequacy of the agencies’ assessments under NEPA and the ESA, as well as under the Outer Continental Shelf Lands Act, the Clean Water Act, and the Marine Mammal Protection Act. Multiple environmental impact statements and ESA consultations have a occurred in conjunction with the project.

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The Energy Law Blog

MAY 18, 2021

1447(d), a provision that specifically authorizes interlocutory appeal of an order remanding a case removed pursuant to the federal officer removal statute. The energy companies removed Baltimore’s case to federal court asserting several bases for federal court jurisdiction, one of which was federal officer jurisdiction. 657, 43 U.S.C.

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The Energy Law Blog

MAY 18, 2021

1447(d), a provision that specifically authorizes interlocutory appeal of an order remanding a case removed pursuant to the federal officer removal statute. The energy companies removed Baltimore’s case to federal court asserting several bases for federal court jurisdiction, one of which was federal officer jurisdiction. 657, 43 U.S.C.

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The Energy Law Blog

JULY 6, 2023

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. 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.

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E&A IT Education Casing 98

The Energy Law Blog

APRIL 3, 2023

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. 122); The lessee of a renewable energy lease would be “bound to. compare to La.

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The Energy Law Blog

SEPTEMBER 8, 2023

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. On September 8, 2023, EPA and the U.S. The final rule revises the agency regulations in light of the U.S.

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The Energy Law Blog

FEBRUARY 6, 2023

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.

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Refinery E&A Casing Education 98

The Energy Law Blog

APRIL 4, 2023

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 Friday, March 31, 2023, Representative Larry Bagley of Louisiana’s District 7 proposed amendments to Louisiana Revised Statutes § 30:10. Perhaps time will tell.

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The Energy Law Blog

MARCH 20, 2019

The defendant manufacturers removed the cases from Pennsylvania state court to federal court and invoked the “bare metal defense” under general maritime law, arguing that they should not be liable for harms caused by later-added third-party parts. Supreme Court granted certiorari in this case. March 19, 2019), the U.S.

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The Energy Law Blog

MARCH 3, 2017

The defendants removed the case to federal court, and, after a protracted jurisdictional battle, defeated SLFPA-E’s attempt to return the case to state court. The defendants thereafter filed a host of motions to dismiss the case on the merits, including a Motion to Dismiss for failure to state a claim.

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