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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). 2d 607, 614 (Tex.
Over the course of Thursday and Friday - days III & IV - of India Energy Week 2025 that put us on the home stretch of the global event, conversations turned more meaningfully towards the Indian government's assertion of placing a 'gas economy' at the heart of its march to net zero by 2070. Have a read here if you wish. More thoughts soon.
Written by Marc Published February 10, 2025 Written by Marc Published February 10, 2025 Evolving Grid Resilience to Handle Extreme Weather Events As extreme weather events become more frequent and severe, utilities must rethink their approach to grid resilience. phenomenon, with extreme weather events increasing globally by 83%.
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The Third Circuit’s opinion in this case is the culmination of a year-and-a-half-long discovery dispute. 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. 6/28/23), –So.
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.
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. 3:19-CV-238, 2023 WL 113740 (S.D. 5, 2023). [2]
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. 4/6/22), –So. 3d–, the Louisiana Third Circuit denied the LDNR’s claims for recovery of over 6.3 Lyon Well #1. with stopping the leak.
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.
Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure. The opinion reaffirms a plaintiff’s need for specific testimony in order to establish issues of fact necessary to defeat a motion for summary judgment in an asbestos exposure case. [1]
would not be able to meet these companies without an event like this." " In case you missed it yesterday, you can rewatch LPO Director Jigar Shah's LinkedIn Live conversation with Brimstone CEO (and fellow Deploy23. "One of my hopes [for] #Deploy23.is
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.
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).
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.
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.
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. The court provided three reasons in support of its holding.
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. Noble House then took this appeal to the Fifth Circuit.
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.
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.
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. Communications include firm news, insights, and events. On December 4, 2023, in Marquette Transportation Co. Gulf-Inland, LLC v. 4 1 87 F.4th
Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure. The opinion reaffirms a plaintiff’s need for specific testimony in order to establish issues of fact necessary to defeat a motion for summary judgment in an asbestos exposure case. [1]
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.
This recent case [ MIECO, L.L.C. With these common strings, this case could have implications (small or large) for other similar pending disputes across the state. Pioneer Nat. 4th 710 (5th Cir. 2024)] delves deep into pivotal force majeure issues tied to the NAESB form and arising out of Winter Storm Uri. ” Section 11.2:
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. 250.1700, et seq. .
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.,
The virtual event provides case studies and best practices of how utilities successfully work with partners. EV Charging Infrastructure is the symposium for leaders to discuss the best ways to reach electric vehicle charger roll-out goals.
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.”
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. Louisiana argued that the TEDs were unnecessary in state waters and would economically harm its shrimp fisheries.
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. In Enerfin Field Services v. 22-740 (La.
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. In turn, the nonparticipating owner is responsible for its own lease burdens.
Communications include firm news, insights, and events. Invoices from healthcare providers totaled $24,435, but the charges were reduced to $18,435 in accordance with the Louisiana Workers’ Compensation Act Medical Reimbursement Schedule, resulting in a “write off” of $6,000. The court of appeal denied the plaintiff’s writ in a 2-1 decision.
Communications include firm news, insights, and events. BOEM approved the Construction and Operations Plan for the Vineyard Wind Project in July 2021, approximately 12 years after BOEM began evaluating the site for wind energy development. Coit , 1:21-cv-11171-IT; Seafreeze Shoreside, Inc.
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.
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. The Texas Supreme Court recently released its opinion in Van Dyke v. Dils Co. ,
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. 1/1/23), So.
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.
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.” Background of Legacy Litigation and LL&E I .
. § 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.
. § 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.
Whereas the Fire Statute states: “The owner of a vessel is not liable for loss or damage to merchandise on the vessel caused by a fire on the vessel unless the fire resulted from the neglect of the owner.” In maritime law, “privity” generally means the fault of the shipowner’s land-based management, as opposed to the errors of the ship’s crew.
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. The final rule revises the agency regulations in light of the U.S.
This is now the second time this case has been before the Supreme Court on issues of arbitrability. It remanded the case for the Fifth Circuit to determine whether the parties agreed to delegate the arbitrability of the claim at issue to an arbitrator. It also rejected the “wholly groundless” exception altogether. 3d 1010 (2d Cir.
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. compare to La.
is an issue that may differ from case to case depending on the content of a party’s notices, this decision provides another data point in an area of oil and gas law with significant consequences for operators in Louisiana. Thus, the issue presented was whether the letters relied upon by Kelly satisfied the requirements of La.
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