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By Joe Giarrusso: In Louisiana, a lawsuit is generally deemed abandoned when the parties fail to take any step in its prosecution for three years. This rule is operative without any formal order. La. Code Civ. P. art 561. However, Act 361 of 2007 extended the period for abandonment to five years where (1) the action was initiated prior to August 26, 2005, and was not previously declared abandoned under the general three year period, and (2) the party proves that the failure to take a step in
By Andrew Wooley: Supreme Court of Texas decides Superior Snubbing : In a case of substantial importance to the energy industry, the Supreme Court of Texas held that an oilfield service contractor sued by an injured employee of another contractor is entitled to enforce the indemnity provision in a Master Service Agreement between the operator and the contractor whose employee was injured.
MMS’s August 22, 2007 Western Gulf of Mexico lease sale offered 3,338 tracts, or approximately 18 million acres, offshore Texas. Forty-seven companies participated, submitting 358 bids on 282 tracts. The total of all bids received was $369,496,840. MMS Director Randall Luthi observed that “the success of this lease sale once again demonstrates industry’s commitment and interest in the Gulf.
By Anna Knull : In Cedyco Corp. v. Petroquest Energy LLC , No. 05-20493, the Fifth Circuit considered claims for breach of contract and specific performance brought under Texas law and arising from the sale of the working interest in two Louisiana oil wells at auction. The wells were sold under the condition that PetroQuest would not sell or assign the mineral rights without first obtaining the written consent of Exxon, from whom PetroQuest had subleased the interest.
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Since Wednesday, August 15, all prices reported in the weekly chart (for both natural gas and crude oil) have decreased as Hurricane Dean failed to have a significant impact on domestic production in the Gulf of Mexico, and temperatures moderated demand. Natural gas volumes in storage continue to increase. Commodity Price or Volumes Change since last % Change Natural Gas Spot (Henry Hub) $5.840/MMBtu DOWN $1.46 20.0% NYMEX (September deliveries) $5.578/MMBtu DOWN $1.286
By Drew Spaniol The Eastern District of Louisiana recently held that the Oil Pollution Liability and Compensation Act (OPA), 33 U.S.C. § 2701 et seq. , does not preclude a plaintiff from bringing state law claims for additional liability or compensation. Isla Corp. v. Sundown Energy, LP , 2007 WL 1240212 ( E.D. La. 4/27/07). The case concerned oil tanks on a drill site owned and operated by Sundown, which were ruptured in Hurricane Katrina.
In Haspel & Davis Milling & Planting Co., Ltd. v. Board of Commissioners of the Orleans Levee District , the United States Court of Appeals for the Fifth Circuit reversed a grant of summary judgment in favor of plaintiffs on a takings claim. In 1984, the Louisiana Legislature ordered the Levee Board to return land expropriated to build the Bohemia Spillway to its former owners and to provide them with an accounting of all revenues received from the property.
In Haspel & Davis Milling & Planting Co., Ltd. v. Board of Commissioners of the Orleans Levee District , the United States Court of Appeals for the Fifth Circuit reversed a grant of summary judgment in favor of plaintiffs on a takings claim. In 1984, the Louisiana Legislature ordered the Levee Board to return land expropriated to build the Bohemia Spillway to its former owners and to provide them with an accounting of all revenues received from the property.
By Dana Douglas The Louisiana First Circuit Court of Appeal recently held that an operator is not responsible for payment of a non-operator’s royalties and overriding royalties before payout. In Gulf Explorer, LLC v. Clayton WIlliams Energy Inc. , 2007 WL 1651090 (La. App. 1st Cir. 6/8/07), the operator completed a well that was plugged and abandoned without reaching payout.
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