The Energy Law

APRIL 30, 2008

In Davis v. Provost , 2007-1519 (La. App. 3 Cir. 4/2/08), — So. 2d –, the Louisiana Court of Appeal for the Third Circuit reinforced an earlier holding that 1977 La. Acts No. 514 § 1, which allowed the acquisition of a predial servitude through acquisitive prescription, was not retroactive. In Davis , the plaintiffs filed a Petition for Declaratory Judgment seeking access to their property by crossing over a bridge that the defendants had allegedly locked.

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The Energy Law

APRIL 17, 2008

In Bridges v. Production Operators, Inc. , 2007-0648 (La. App. 4th Cir. 12/12/07),974 So.2d 54, at issue was whether the provision of fuel by customers to a compression services operator at no cost for use in powering the operator’s compressors was subject to Louisiana sales or use tax. Production Operators, Inc. (“POI”) operated a gas compression company and used customer-supplied fuel to power its compressors.

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The Energy Law

APRIL 8, 2008

In Hall Street Associates, LLC v. Mattel, Inc., 2008 WL 762537 (U.S. 2008), the Supreme Court held that the grounds for vacatur and modification of arbitration awards provided by §§ 10 and 11 of the Federal Arbitration Act (“FAA”) are exclusive. The case began as a lease dispute between a landlord, Hall Street Associates, LLC, and tenant, Mattel, Inc., involving a piece of property long used as a manufacturing site.

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The Energy Law

APRIL 1, 2008

By Andrew Wooley In an opinion filed today in the matter of Unauthorized Practice of Law Committee vs. American Home Assurance Co., the Supreme Court of Texas has authorized liability insurers to use in-house staff attorneys to defend their Texas insureds, so long as there is no conflict of interest between the insurer’s and the insured’s interests: "We hold that an insurer may use staff attorneys to defend a claim against an insured if the insurer’s interest and the insured’s interest are congr

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Waste

The Energy Law

APRIL 1, 2008

By Kevin Connolly On certified question from the Fifth Circuit Court of Appeals, the Texas Supreme Court, in Fairfield Insurance Company v. Stephens Martin Paving, LP , 2008 WL 400397, *1 (Tex. 2008), addressed the issue of whether Texas public policy prohibits a “liability insurance provider from indemnifying an award for punitive damages imposed on its insured because of gross negligence.

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