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New Business Courts: Strategic Considerations for Oil and Gas Counsel

Producer's Edge

For in-house counsel in the oil and gas industry, this development warrants close attention and careful consideration. The Texas Business Courts will potentially impact a wide range of cases, from high-value contract disputes to intricate corporate governance issues.

Oil 52
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Louisiana Third Circuit Issues Decision on the Procedure for Settlements in Cases Governed by Act 312

The Energy Law

In a decision issued today, the Louisiana Third Circuit Court of Appeal issued the first appellate court opinion addressing the procedure for approval of settlements in cases governed by Act 312 (La. Having no objection to settlement in this case, the trial court correctly approved the settlement. Riceland Petroleum Corp.,

Casing 40
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Supreme Court Punts on Important Arbitrability Question

The Energy Law

The distributor argued that the inclusion of its request for injunctive relief brought the case under the carve-out in the arbitration provision. This is now the second time this case has been before the Supreme Court on issues of arbitrability. It also rejected the “wholly groundless” exception altogether. 3d 1010 (2d Cir.

Casing 76
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Highly Anticipated En Banc Fifth Circuit Opinion Reframes Maritime Contract Analysis

The Energy Law

The case called upon the court to determine whether a contract for performance of specialty services to facilitate the drilling or production of oil and gas on navigable waters is maritime in nature. 16-30217 (5th Cir. 8, 2018).

Oil 40
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Fifth Circuit Identifies Potential Conflict with Supreme Court on Jones Act Seaman Test

The Energy Law

Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc. Smart Fabricators of Texas (“SmartFab”) fabricates steel and repairs oil and gas drilling equipment.

Casing 40
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Texas Supreme Court decides Superior Snubbing – upholds effect of indemnity provisions in Master Service Agreement

The Energy Law

The majority decision cited favorably the arguments presented by the Texas Oil and Gas Association (TXOGA) in its amicus brief. Liskow & Lewis represented TXOGA in its amicus filing. The majority and dissenting opinions in Energy Service Co. Superior Snubbing Services, Inc., on the web site for the Supreme Court of Texas at [link].

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Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law

In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. In such case, BOEM may require that the party provide additional security for decommissioning obligations for which such predecessor is not liable.