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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

In support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. 17, 2023), in which it re-affirmed the axiomatic principle that a text retains the same meaning in the present day as when it was drafted. In addition to the estate misconception theory, the Court analyzed the “legacy of the one-eighth royalty.”

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

The Energy Law

2016), a decision that was “legally indistinguishable,” albeit only persuasive and non-binding. Cornerstone Investments, LLC, et al. 2018-CC-0735 (La. Kerry Simmons, a Cintas warehouse employee, was injured on the job and received workers’ compensation benefits from Cintas, including disability and medical expenses. Simmons at 3-4.

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New Judge, Same Result – $81 Million CWA Civil Penalty Appealed

The Energy Law

In January 2016, Judge Haik retired from the bench and the case was transferred to Judge Drell. In January 2016, Judge Haik retired from the bench and the case was transferred to Judge Drell. 2:08CV00893, 2016 WL 1158075, at *4 (W.D. allowing an $81 million judgment against the oil company to stand.

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Act 312: Federal Court Holds That Plaintiff Cannot Pocket “Additional Remediation Damages” Without Express Contractual Provision

The Energy Law

On February 1, 2016, a federal district court issued a ruling in Moore v. 2016) , with important implications for “legacy” lawsuits in Louisiana. In response to a motion for summary judgment filed by Denbury on its obligations, the court made an Erie determination as to the effects of post- LL&E amendments to Act 312.

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Production in Paying Quantities: Second Circuit Holds Lower Courts Must Consider All Relevant Factors, Not Just Profit

The Energy Law

Since this blog’s post on production in paying quantities on January 26, 2016 , the Louisiana Second Circuit Court of Appeal rendered its latest decision on the subject in Middleton v. EP Energy E&P Co., 50,300-CA (La. for the 41-month period. over the 41 months, an average of $70.87 per month. Lea Exploration Co., 2d 716 (La.

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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, LLC , 970 F.3d The rig was jacked up out of the water with its legs on the seabed.

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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, LLC , 970 F.3d The rig was jacked up out of the water with its legs on the seabed.

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