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Oil Spill Liability: OPA 90 v. the IMO’S CLC

The Energy Law

Most American maritime and environmental attorneys and vessel owners are familiar with OPA 90 and oil spill liability in the United States. But what happens when a vessel spills oil in the territorial waters of another country? The CLC addresses civil liability for maritime oil spills.

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The Fifth Circuit Further Clarifies Service Contract and Insurance Interplay Under Texas Law

The Energy Law

Ironshore Specialty Insurance Co. On June 10, 2015, the Fifth Circuit further addressed this area of contract and insurance interplay with its decision in Ironshore Specialty Insurance Co. Below are key excerpts from the opinion: Because Basic was “obliged by a written ‘Insured Contract’. Aspen Underwriting Ltd.

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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.

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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.,

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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.

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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. Gulf Oil Corp. , 16-30217 (5th Cir. 8, 2018). 2d 313 (5th Cir.

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

The Energy Law

3d 550, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. Smart Fabricators of Texas (“SmartFab”) fabricates steel and repairs oil and gas drilling equipment. 1349(b)(1).

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