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“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

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

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

The Energy Law

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.

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

The Energy Law

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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Louisiana Appellate Court Affirms Summary Judgment in Asbestos Case

The Energy Law

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.

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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

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

The Energy Law

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.

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

The Energy Law

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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