October, 2007

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Court of Appeal Rejects Plaintiff’s Fraud Claim

The Energy Law Blog

In Martin v. JKD Investmens, LLC , the Court of Appeal of Louisiana, Second Circuit, rejected a plaintiff’s fraud claim because the plaintiff had failed to read the contract that he signed which transferred the mineral rights on his property to JKD Investments, LLC ("JKD"). Click here to read more. In Martin , the plaintiff inherited five and a half acres from his mother.

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Employee Lacked Personal Liability for Oilfield Environmental Damage Under Louisiana Law

The Energy Law Blog

By Kindall James The issue of whether an individual employee is personally liable for oilfield environmental damages was recently addressed in Kling Realty Co., Inc. v. Texaco, Inc , 2007 WL 81665 (W.D. La. 2007). The plaintiff mineral lessors claimed that their property had been damaged by oilfield operations, and sued not only the operator, but also a production supervisor.

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Louisiana Supreme Court Denies Writ on Act 312 Procedure

The Energy Law Blog

In Duplantier v. BP Amoco, et al. , the Louisiana Fourth Circuit Court of Appeal held that under Act 312 of 2006 (La. R.S. 30:29), there should be a single trial of both the regulatory remediation covered by the statute and the plaintiffs’ separate damages claims (if any). The Louisiana Supreme Court has now denied a writ application with respect to that opinion.

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