Casing, Education and Events - Energy Aggregated

“Juries cannot simply pick a number and put it in the blank.” – Texas Supreme Court Remands Case Involving $15 Million Jury Award for Noneconomic Damages Where Award was Unsupported and Arguments to the Jury Unsubstantiated

The Energy Law

JUNE 21, 2023

This case arises from a fatal accident on an icy, unlit stretch of highway near Amarillo, Texas. The Texas Supreme Court reviewed and reversed the judgment of the court of appeals and remanded the case for a new trial. A wrongful death case is no different in this regard. Prac. & Rem. Code § 41.001 (12). Saenz , 925 S.W.2d

Casing

Casing IT E&A E&P

Federal District Court Finds M/V Maersk Idaho Not Liable for Drowning Death of Texas Police Chief in “Excessive Wake” Case

The Energy Law

JANUARY 12, 2023

The vessel was therefore in compliance with Rule 5, which requires “a proper look-out by sight and hearing,” at the time of the incident; and, in any event, “[the decedent] did not fall overboard because of a violation of Rule 5.” Communications include firm news, insights, and events.

Casing

Casing Field E&A Education

OSHA Addresses Reporting COVID-19 Cases as Job-Related and In-Person Workplace Inspections

The Energy Law

MAY 20, 2020

The first memo announced the reversal of OSHA’s April 10, 2020 policy that limited the requirement to track on-the-job cases of COVID-19 to health-care facilities, emergency response providers, and corrections facilities. The agency cautioned that recording a COVID-19 case does not necessarily mean the employer violated an OSHA standard.

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Casing E&A IT Education

Louisiana Appellate Court Affirms Summary Judgment in Asbestos Case

The Energy Law

FEBRUARY 26, 2021

Plaintiffs opposed the motion and submitted, in part, excerpts from the depositions of Mr. Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure. Communications include firm news, insights, and events. Marathon later joined Parsons’s motion.

Casing

Casing Refinery E&A Petroleum

Louisiana Supreme Court Grants UNOCAL’s Writ Application from Third Circuit Decision Involving Prescription and Breach of Contract in Act 312 Case

The Energy Law

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.

Casing

Casing E&A IT Education

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

The Energy Law

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. On October 30, 2023, the U.S.

Pipeline

Pipeline Casing E&A Offshore

Climate-Related Lawsuits Continue to Return to State Courts: Understanding The Latest Ruling from District of Columbia v. Exxon Mobil Corporation

The Energy Law

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.

Casing

Casing E&P E&A Government

Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law

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. In City of Oakland et al. BP PLC et al. 1442(a)(1).

Casing

Casing Government Energy Energy

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

The Energy Law

NOVEMBER 2, 2022

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. 1] The Court found that remand was necessary in the case at issue because of the uncertainty of whether discretionary immunity under La.

E&A

E&A Casing Education Completion

Second Remand Order in Coastal Zone Management Cases Pending Before Fifth Circuit

The Energy Law

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.

Casing

Casing Management Exploration and Production Oil

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

The Energy Law

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. Communications include firm news, insights, and events. The lessors won in the trial court; the court of appeals affirmed. Factual Background and Issue.

Royalty

Royalty Casing Oil Gas

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

The Energy Law

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.

Casing

Casing E&A IT Education

Louisiana Appellate Court Affirms Summary Judgment in Asbestos Case

The Energy Law

FEBRUARY 26, 2021

Plaintiffs opposed the motion and submitted, in part, excerpts from the depositions of Mr. Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure. Communications include firm news, insights, and events. Marathon later joined Parsons’s motion.

Casing

Casing Refinery E&A Petroleum

Motion to Remand Granted in One Coastal Zone Management Act Case But Federal Appellate Options Remain Viable

The Energy Law

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. Communications include firm news, insights, and events. Riverwood Production Co.,

Casing

Casing Management Oil E&A

Louisiana Supreme Court Grants UNOCAL’s Writ Application from Third Circuit Decision Involving Prescription and Breach of Contract in Act 312 Case

The Energy Law

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.

Casing

Casing E&A IT Education

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

The Energy Law

MAY 4, 2023

Similarly, BSEE withdrew its proposal to require proceeding up the chain of title in “reverse chronological order” against predecessor lessees, grant holders, and owners of operating rights, in the event subsequent assignees fail to perform. Communications include firm news, insights, and events.

Exploration and Production

Exploration and Production E&A Casing Operator

Fifth Circuit Holds That Foreign Forum Selection Clauses Are Enforceable In Insurance Policy

The Energy Law

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. The case is Noble House, L.L.C. May 1, 2023).

Insurance

Insurance Casing IT E&A

Force Majeure Clause Fails to Protect Oil and Gas Lessee From Mistakenly-Scheduled Deadline

The Energy Law

MAY 5, 2023

That drilling rig was also scheduled to drill two other wells before drilling the well at issue, but MRC could have forgone drilling the two other wells to drill the new well, in which case it would have met the May 21, 2017 deadline. The Court narrowed its discussion to whether MRC’s operations were “delayed by” an event of force majeure.

Spud-in

Spud-in Oil Gas Operator

Texas Supreme Court to Review $500 Million Verdict in Case Involving Formation of Partnership to Construct Crude Oil Pipeline

The Energy Law

JULY 3, 2019

a case concerning Texas partnership law. Communications include firm news, insights, and events. Last week the Texas Supreme Court granted review in Energy Transfer Partners, L.P. Enterprise Products Partners, L.P. , Energy Transfer Partners has garnered significant amicus support on both sides of the “v.”

Crude Oil

Crude Oil Pipeline Casing Oil

Louisiana Third Circuit Affirms Authority of Tax Commission to Correct Pipeline Property Tax Assessments

The Energy Law

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. Communications include firm news, insights, and events.

Pipeline

Pipeline E&A Casing Oil

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

The Energy Law

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. Communications include firm news, insights, and events.

Royalty

Royalty Operator Royalty Interest E&A

Court Dismisses Permitting Challenges to the U.S.’s First Major Offshore Wind Project

The Energy Law

MAY 24, 2023

Communications include firm news, insights, and events. United States Department of the Interior , 1:21-cv-11091-IT; and Responsible Offshore Development Alliance v. United States Department of the Interior , 1:21-cv-11172-IT). To receive information from Liskow & Lewis, your information will be kept in a secured contact database.

Offshore

Offshore E&A Consulting Energy

Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

JANUARY 28, 2022

This case was handled by Paul Adkins of Liskow’s Baton Rouge office. Communications include firm news, insights, and events. As to Plaintiffs’ trespass claims, the court found the same absence of any evidence of additional profits earned by QEP precluded any disgorgement remedy under trespass. Read the opinion here.

Pipeline

Pipeline Gas E&A Education

Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

JANUARY 28, 2022

This case was handled by Paul Adkins of Liskow’s Baton Rouge office. Communications include firm news, insights, and events. As to Plaintiffs’ trespass claims, the court found the same absence of any evidence of additional profits earned by QEP precluded any disgorgement remedy under trespass. Read the opinion here.

Pipeline

Pipeline Gas E&A Education

Louisiana Supreme Court Limits Effect of Collateral Source Rule in Personal Injury Cases

The Energy Law

MAY 10, 2019

Communications include firm news, insights, and events. By using this blog site you understand and acknowledge that there is no attorney client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site.

Casing

Casing E&P Insurance E&A

Louisiana Supreme Court holds that payment of mineral royalties judgment against LDNR is a matter of legislative discretion, reversing grant of mandamus

The Energy Law

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. Communications include firm news, insights, and events.

Royalty

Royalty E&A Casing Basin

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

The Energy Law

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. Communications include firm news, insights, and events. To receive information from Liskow & Lewis, your information will be kept in a secured contact database.

E&A

E&A IT Education Casing

Louisiana’s Coastal Land Loss Litigation Produces Opinion of Interest to Appellate Practitioners in Federal Court

The Energy Law

SEPTEMBER 14, 2020

Riverwood to state court, unpersuaded that he “may or must exercise simultaneous jurisdiction by acting on a matter presented to the Fifth Circuit for decision in a case where appellate proceedings are not final but, instead, remain active.” The case is The Parish of Plaquemines v. Riverwood Production Co. , 18-5217 (E.D.

Casing

Casing E&A Education Government

U.S. Climate Change Litigation: 2020 Update

The Energy Law

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. The majority of these cases have been brought under state nuisance laws. United States , No.

Casing

Casing Government E&A IT

Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits Damages Available to Landowners in Oilfield Legacy Litigation

The Energy Law

JULY 1, 2021

In the landmark oilfield remediation case Corbello v. After the LL&E I decision, the case went to trial in 2015. The error was LL&E I’s holding that in cases without an express contractual restoration provision, “excess remediation damages were allowed under Act 312.” Louisiana Land and Exploration Co., 2020-00685 (La.

E&A

E&A Exploration and Production Government Casing

United States Supreme Court Issues First Decision in Climate Litigation

The Energy Law

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.

Casing

Casing Energy Energy E&A

United States Supreme Court Issues First Decision in Climate Litigation

The Energy Law

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.

Casing

Casing Exploration and Production Energy Energy

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

The Energy Law

MARCH 25, 2019

This morning I attended oral argument at the United States Supreme Court in the maritime case of Dutra Group v. 1] The question in the case is whether a Jones Act seaman may recover punitive damages on an unseaworthiness claim. Communications include firm news, insights, and events. Batterton. [1]

Casing

Casing E&A Maintenance Education

COVID-19 as a Force Majeure? The Texas and Louisiana Perspectives

The Energy Law

MARCH 27, 2020

These events have dramatically impacted the world economy, and wreaked havoc on the day-to-day functions of individuals and businesses in the United States and elsewhere. Does this pandemic and resultant disruption constitute a force majeure event under Louisiana and Texas law? In all cases, the inquiry is likely to be fact-specific.

E&A

E&A IT Casing Pipeline

Texas Supreme Court Holds that References to “One-Eighth” in Old Oil and Gas Conveyances Presumptively Refer to the Entire Mineral Estate

The Energy Law

MARCH 7, 2023

In support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. Another possible example, though not noted by the Court, can be seen in a case currently pending before the Eastland Court of Appeals: PetroLegacy Energy II, LLC v. Communications include firm news, insights, and events. Dils Co. ,

Royalty

Royalty Oil Gas Royalty Interest

Louisiana Senator Proposes Statutory Framework Governing Rights and Obligations of Parties to Renewable Energy Leases

The Energy Law

APRIL 3, 2023

The remedies provided for failure to pay or provide reasonable grounds for nonpayment largely mimic the damages provisions of the Mineral Code, with the notable exception that the bill does not include the Mineral Code’s express aversion to dissolution of the lease in a case involving a failure to pay royalties.

Government

Government Energy Energy Royalty

EPA and Army Corps Release New WOTUS Rule

The Energy Law

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. Communications include firm news, insights, and events.

E&A

E&A Casing Mechanic IT

U.S. Supreme Court To Review Scope of Appellate Review for Federal Officer Removal in Climate Change Litigation

The Energy Law

OCTOBER 2, 2020

climate change litigation, as these cases continue to grow in number. Moreover, in addition to climate change litigation, the Supreme Court’s review could have a significant impact on Louisiana’s coastal erosion litigation, where energy companies have asserted similar arguments when removing those 42 cases.

Casing

Casing E&A Energy Energy

U.S. Supreme Court Addresses Circuit Split Regarding “Bare Metal” Defense in Products Liability Action Under General Maritime Law

The Energy Law

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. VI) , 873 F.3d 3d 232 (3d Cir.

Manufacturing

Manufacturing Casing E&A Maintenance

Louisiana Third Circuit Affirms that LDNR Can Only Recover Emergency Response Costs Under La. R.S. 30:93(A)(4) from the Operator of Record and its Working Interest Owners

The Energy Law

APRIL 12, 2022

The Litel case began as a legacy lawsuit, in which Pioneer Natural Resources, Inc. Thereafter, the LDNR intervened in the Litel case, seeking recovery of emergency costs from Pioneer and Gary. Communications include firm news, insights, and events. The OSRL defines “responsible party” as “the operator of record. Lyon Well #1.

Operator

Operator IT Exploration and Production E&A

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

The Energy Law

FEBRUARY 6, 2023

Communications include firm news, insights, and events. This decision—and particularly the concurrences of Chief Justice Weimer and Justice Crain—also underscores the need for possible legislation to clarify that the same standard for recovery of bystander damages under Civil Code article 2315.6 1] [link]. [2]

Refinery

Refinery E&A Casing Education

The Liskow Legislative Minute – Week 2

The Energy Law

APRIL 21, 2023

Communications include firm news, insights, and events. By using this blog site you understand and acknowledge that there is no attorney client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site.

Casing

Casing E&A Operator Education

The Liskow Legislative Minute – Week 2

The Energy Law

APRIL 21, 2023

Communications include firm news, insights, and events. By using this blog site you understand and acknowledge that there is no attorney client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site.

Casing

Casing E&A Operator Education

Western District Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

MARCH 29, 2021

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. This case was handled by Paul Adkins of Liskow’s Baton Rouge office. Communications include firm news, insights, and events. Read the opinion here.

Pipeline

Pipeline Casing E&A Gas

“Juries cannot simply pick a number and put it in the blank.” – Texas Supreme Court Remands Case Involving $15 Million Jury Award for Noneconomic Damages Where Award was Unsupported and Arguments to the Jury Unsubstantiated

Federal District Court Finds M/V Maersk Idaho Not Liable for Drowning Death of Texas Police Chief in “Excessive Wake” Case

Trending Sources

OSHA Addresses Reporting COVID-19 Cases as Job-Related and In-Person Workplace Inspections

Louisiana Appellate Court Affirms Summary Judgment in Asbestos Case

Louisiana Supreme Court Grants UNOCAL’s Writ Application from Third Circuit Decision Involving Prescription and Breach of Contract in Act 312 Case

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

Climate-Related Lawsuits Continue to Return to State Courts: Understanding The Latest Ruling from District of Columbia v. Exxon Mobil Corporation

Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

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

Second Remand Order in Coastal Zone Management Cases Pending Before Fifth Circuit

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

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

Louisiana Appellate Court Affirms Summary Judgment in Asbestos Case

Motion to Remand Granted in One Coastal Zone Management Act Case But Federal Appellate Options Remain Viable

Louisiana Supreme Court Grants UNOCAL’s Writ Application from Third Circuit Decision Involving Prescription and Breach of Contract in Act 312 Case

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

Fifth Circuit Holds That Foreign Forum Selection Clauses Are Enforceable In Insurance Policy

Force Majeure Clause Fails to Protect Oil and Gas Lessee From Mistakenly-Scheduled Deadline

Texas Supreme Court to Review $500 Million Verdict in Case Involving Formation of Partnership to Construct Crude Oil Pipeline

Louisiana Third Circuit Affirms Authority of Tax Commission to Correct Pipeline Property Tax Assessments

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

Court Dismisses Permitting Challenges to the U.S.’s First Major Offshore Wind Project

Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass

Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass

Louisiana Supreme Court Limits Effect of Collateral Source Rule in Personal Injury Cases

Louisiana Supreme Court holds that payment of mineral royalties judgment against LDNR is a matter of legislative discretion, reversing grant of mandamus

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

Louisiana’s Coastal Land Loss Litigation Produces Opinion of Interest to Appellate Practitioners in Federal Court

U.S. Climate Change Litigation: 2020 Update

Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits Damages Available to Landowners in Oilfield Legacy Litigation

United States Supreme Court Issues First Decision in Climate Litigation

United States Supreme Court Issues First Decision in Climate Litigation

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

COVID-19 as a Force Majeure? The Texas and Louisiana Perspectives

Texas Supreme Court Holds that References to “One-Eighth” in Old Oil and Gas Conveyances Presumptively Refer to the Entire Mineral Estate

Louisiana Senator Proposes Statutory Framework Governing Rights and Obligations of Parties to Renewable Energy Leases

EPA and Army Corps Release New WOTUS Rule

U.S. Supreme Court To Review Scope of Appellate Review for Federal Officer Removal in Climate Change Litigation

U.S. Supreme Court Addresses Circuit Split Regarding “Bare Metal” Defense in Products Liability Action Under General Maritime Law

Louisiana Third Circuit Affirms that LDNR Can Only Recover Emergency Response Costs Under La. R.S. 30:93(A)(4) from the Operator of Record and its Working Interest Owners

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

The Liskow Legislative Minute – Week 2

The Liskow Legislative Minute – Week 2

Western District Rejects Disgorgement of Profits Claim for Pipeline Trespass

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