View Recent Blog Posts in Legacy Oil Fields Sites

  • By: Chris Peyton Mineral Leases in Louisiana are typically granted for a stipulated length of time, known as the primary term, and for so long thereafter as production in paying quantities continues. As production commences and a mineral lease is extended beyond its primary term, various common issues often arise, many of which are briefly discussed below: Lease... Continue Reading...
  • By: Louis Grossman On January 9, 2018, a split panel of the United States Fifth Circuit Court of Appeals affirmed an order from the district court, denying a motion to remand a matter removed under the Class Action Fairness Act ("CAFA"). The 2-1 decision In Warren Lester, et. al. v. Exxon Mobil Corp., et. al., No. 14-31383, __F3d___... Continue Reading...
  • By: Tyler Kostal The Texas Supreme Court recently handed down a decision in Forest Oil Corp. v. El Rucio Land & Cattle Co., Inc., 14-0979, 2017 WL 1541086 (Tex. Apr. 28, 2017), that at first glance, is reminiscent of the landmark Louisiana legacy cases Corbello and Magnolia Coal. Forest Oil, like Corbello, supports the landowner's right to a... Continue Reading...
  • By: Kean Miller On April 18, 2017, the U.S. Court of Appeals for the Fifth Circuit released a published opinion in Guilbeau v. Hess Corp.[1] The court affirmed the application of Louisiana's subsequent purchaser doctrine to claims for environmental damages allegedly caused by activities of a former mineral lessee prior to the date that the plaintiff owned the... Continue Reading...
  • By: Claire Juneau Governor John Bel Edwards has sued Louisiana Attorney General Jeff Landry over Mr. Landry's refusal to approve certain private legal counsel contracts. Governor Edwards alleges that Mr. Landry is the "chief legal officer of the state," is "charged with the assertion or protection of any right or interest of [Louisiana]," and "is ethically required by... Continue Reading...
  • By: Matthew Smith The first of many coastal land loss lawsuits filed by Louisiana coastal parishes has proceeded to judgment, with the result being the dismissal of the case based on the failure to exhaust administrative remedies prior to filing suit. Since the filing of the politically-charged Southeastern Louisiana Flood Protection Authority lawsuit, four parishes – Plaquemines, Jefferson,... Continue Reading...
  • By: Kean Miller On December 8, 2015 the Louisiana Supreme Court attempted to clarify the manifest error appellate review standard. Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr McGee Rocky Mountain, LLC, 2014-2592 (La. 12/8/15); — So. 3d –, pitted plaintiff mineral royalty owners against mineral lessee and working interest owner defendants in... Continue Reading...
  • By: Tyler Kostal A federal judge dismissed the lawsuit that the New York Times referred to as "The Most Ambitious Environmental Lawsuit Ever" on February 13, 2015, with a finding that the plaintiffs did not state a viable claim for relief. The Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East ("SLFPA-E" or "Authority") filed a lawsuit... Continue Reading...
  • By: Tyler Kostal As previously reported, the Louisiana Supreme Court heard oral argument in Oleszkowicz v. Exxon Mobil Oil Corporation, et al. and Chauvin v. Exxon Mobil Corporation, et al., regarding the dispute as to whether claims for punitive damages are barred by res judicata. The court recently issued opinions in these cases. To recap, a jury awarded... Continue Reading...
  • By: Tyler Kostal The Louisiana Supreme Court recently heard oral argument in two cases, Oleszkowicz v. Exxon Mobil Oil Corporation, et al. and Chauvin v. Exxon Mobil Corporation, et al., both involving a plaintiff's damages for potential exposure to naturally occurring radioactive material (NORM). This is the second lawsuit for both plaintiffs against the same defendant, for the... Continue Reading...
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