The Energy Law

MAY 27, 2008

In Germany v. ConocoPhillips Co. , 2007-1145 (La. App. 3 Cir. 3/5/08), — So. 2d –, the Third Circuit upheld the trial court’s ruling that under Act 312 a single trial of all issues should be held prior to referring a case to the Louisiana Department of Natural Resources (“LDNR”) for the development of a remediation plan. In Germany , the plaintiff landowners sued four oil and gas corporations for the remediation of property allegedly damaged by oil and gas operations.

2007 40

2007 Natural Resources 40

The Energy Law

MAY 13, 2008

The Supreme Court of Texas has never before found a waiver of the right to arbitrate, but in a recent five-to-four decision likely to attract multiple friend-of-the court briefs on rehearing, the court vacated an $800,000 arbitration award in favor of two homeowners and remanded their claims for trial based on the conclusion of five justices that the homeowners had waived their right to arbitrate by their pre-arbitration litigation conduct.

2008 40

2008 Law 40