Latest Legal News

Case Summaries

Oil & Gas

[06/25] Rathborne Land Co. v. Ascent Engy., Inc.
In an action for breach of defendant's obligations to reasonably develop and explore a leased parcel of oil, gas, and mineral land, judgment for plaintiff is affirmed in part where: 1) plaintiff's letter to defendant met the La. Rev. Stat. Ann. section 31:136 demand requirement; and 2) district court did not clearly err in concluding that plaintiff would have been able to lease the disputed acreage more than once if it had been able to seismically survey the parcel prior to 2006. However, the judgment is vacated in part where neither the district court nor plaintiff could show an adequate ground -- indeed, any relevant precedent -- for awarding consequential damages for lost leasing and seismic revenues on the entire parcel.

[06/25] Hershey v. Engy. Transfer Ptnrs., L.P.
In a putative class action under the Commodities Exchange Act (CEA), alleging manipulation of natural gas futures and options prices, the dismissal of the complaint is affirmed where plaintiffs did not allege facts tending to show that defendants had specifically intended to manipulate the cost of natural gas.

[06/18] Biodiversity Conservation Alliance v. Bureau of Land Mgmt.
In several environmental and citizens' groups challenge to a 2003 Bureau of Land Management resource management plan amendment allowing natural gas development in Wyoming's Powder River Basin, summary judgment for defendants is affirmed where the Bureau reasonably concluded that phased development was impractical and would not meet the project's purposes, and this ground was an adequate basis for the Bureau's decision

[06/16] Bailey v. Shell W. E&P Inc.
In an action by Shell seeking a declaration regarding the proper calculation method for royalties on carbon dioxide in the McElmo Dome area, summary judgment for plaintiff is affirmed where: 1) Fed. R. Civ. P. 41(a) dismissal only applies to the dismissal of an entire action, not particular claims; 2) because the parties only disputed Shell's obligations under a contract related to real property, the local action rule did not control; and 3) plaintiff did not carry his burden to prove that the allegations in his False Claims Act claims were not based upon prior, public disclosures -- or, if they were, that he was an original source of the information.

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Workers' Comp

[06/24] Bifulco v. Patient Bus. & Fin. Serv., Inc.
In plaintiff's wrongful termination suit against her former employer, Fifth District's reversal of trial court's grant of defendant's motion for summary judgment is affirmed as workers' compensation retaliation claims brought against the state under section 440.205 are not subject to the presuit notice requirements of section 768.28(6)

[06/22] Hawaii Stevedores, Inc. v. Ogawa
In a petition for review of a decision of the Benefits Review Board (BRB) affirming an Administrative Law Judge's (ALJ) grant of disability benefits under the Longshore and Harbor Workers' Compensation Act, the petition is granted in part where: 1) the mere fact that an expert witness talked with a party's lawyer and then altered his or her opinion language, though it might be considered relevant, did not require a factfinder to find that expert witness was other than credible; and 2) the ALJ's finding of the maximum medical improvement date was not supported by substantial evidence. However, the petition is denied in part where: 1) the ALJ's finding that petitioner did not meet its burden of demonstrating prejudice was supported by substantial evidence, and respondent's late notice was properly excused; and 2) respondent's stroke qualified as a compensable injury under the Longshore Act.

[06/11] Zenith Ins. Co. v. Ayala
In a worker's compensation suit, the court of appeals' affirmance of trial court's holding that the insurer waived its right to contest compensability by not timely disputing the claimant's lumbar condition diagnosis is reversed and remanded as the sixty-day period for challenging compensability does not apply to a dispute over extent of injury.

[05/07] In re Odyssey Healthcare, Inc.
In plaintiff's negligence case against her employer, defendant's petition for writ of mandamus is conditionally granted as, the trial court abused its discretion by refusing to grant the defendant's motion to compel arbitration as the plaintiff failed to prove a valid defense against enforcement of her agreement to arbitrate disputes with her employer.

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