Justin Winquist

Justin Winquist


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Ninth Circuit First to Take Up Offers of Judgment After Campbell-Ewald

As we reported earlier this year in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016), the Supreme Court held that a putative class action does not become moot when a defendant merely offers a named plaintiff full...more

6/22/2016 - Allstate Campbell Ewald v Gomez Class Action Class Certification Mootness Rule 68 SCOTUS Subject Matter Jurisdiction TCPA

Federal Judge Grants Preliminary Injunction Blocking Enforcement of New BLM Hydraulic Fracturing Rules

On September 30, 2015, the U.S. District Court for the District of Wyoming granted a motion for a preliminary injunction preventing enforcement of the U.S. Bureau of Land Management’s (BLM) recently issued hydraulic...more

10/5/2015 - Bureau of Land Management Energy Sector Fracking Fracking Bans Oil & Gas Petroleum Preliminary Injunctions Tribal Lands

New Battleground Emerges in New York Fracing Debate

When New York officially banned hydraulic fracturing in late June 2015, many assumed the long-heated political debate was over and there would be no fracing in New York unless the courts overturned the ban. In less than a...more

7/30/2015 - Energy Sector Fracking Fracking Bans Natural Gas Shale Gas

A Year Later: The Impact of Halliburton II Is Still Developing

In June 2014, the Supreme Court issued its decision in Halliburton Co. v. Erica P. John Fund Inc. (“Halliburton II”), a putative class action in which Halliburton investors alleged that the company made misrepresentations...more

7/2/2015 - Fraud-on-the-Market Halliburton v Erica P. John Fund Misrepresentation Popular Putative Class Actions SCOTUS Section 10(b) Securities Exchange Act Securities Fraud

Colorado Supreme Court Rejects Orders Requiring Plaintiffs to Present Early Evidence Supporting Their Toxic Tort Claims

In an April 20, 2015, decision that was highly anticipated by the energy industry, the Colorado Supreme Court rejected a procedural device called a “Lone Pine” order that requires plaintiffs to make a threshold evidentiary...more

5/4/2015 - CO Supreme Court Energy Sector Evidence Lone Pine Order Toxic Exposure

Pennsylvania Governor Reinstates Ban on Oil and Gas Leasing in State Parks and Forests

On Thursday, January 29, 2015, Pennsylvania’s new governor, Tom Wolf, signed Executive Order 2015-03, thereby reinstating a moratorium on new leases for oil and gas development in state parks and forests. Wolf’s moratorium...more

2/2/2015 - Executive Orders Mineral Leases Moratorium Oil & Gas State Park Tom Wolf

City of Fort Collins, Colorado, Appeals Ruling Striking Down Fracking Bans

The week of September 22, the Fort Collins, Colorado, City Council voted to appeal a decision rendered last month that struck down the city’s fracking ban. In that August 2014 decision, a Larimer County District Court...more

10/29/2014 - Appeals Fracking Fracking Bans Local Ordinance Oil & Gas

Federal Magistrate Recommends Dismissing TCPA Class Claims Against Coke

Responding to an invitation to text can satisfy TCPA’s Express Consent Requirement - In a Telephone Consumer Protection Act (TCPA) putative class action against Coca-Cola and its marketing agent, a Northern District of...more

9/16/2014 - ATDS Coca Cola Corporate Counsel Do Not Call List Mobile Devices Prior Express Consent Putative Class Actions TCPA Text Messages

Efforts to Avoid Ballot Measures on Fracking Fail in Colorado

Faced with the potential for two anti-fracking measures on the Colorado ballot this November, Colorado governor John Hickenlooper and state lawmakers have been working for weeks to develop a legislative compromise to avoid...more


Oil and Gas Companies Ask Colorado Supreme Court to Approve Trial Court Order Requiring Plaintiffs to Present Preliminary Evidence...

On June 18th, Antero Resources Corp., Antero Resources Piceance Corp, Calfrac Well Services Corp, and Frontier Drilling LLC filed their Opening Brief before the Colorado Supreme Court in a “toxic tort” case concerning...more

6/24/2014 - Contaminated Properties Contamination Discovery Energy Hazardous Substances Oil & Gas

Anti-Fracking Bill Defeated in California Senate

Yesterday, the California State Senate rejected a bill that would have put a moratorium on fracking until a state-commissioned study determined that it was safe. The bill, Senate Bill 1132, would have prohibited all “well...more

5/30/2014 - Energy Energy Policy Environmental Policies Fracking Fracking Bans Natural Gas Oil & Gas Shale Gas

Colorado House Advances Bill Requiring Study of Fracking Impact Along Colorado Front Range

The Colorado House of Representatives passed a bill yesterday that would require a study of the health impact of fracking in Colorado. The bill, House Bill 1297, passed with all Democratic Representatives, and one Republican...more

4/21/2014 - Fracking Health Health Safety Maximum Achievable Control Technology

Wyoming Supreme Court Remands Fracking Chemical Disclosure Case to District Court for Reconsideration

On March 12, 2014, the Wyoming Supreme Court issued a highly anticipated ruling in a case concerning the scope of trade secret protection available to exempt certain fracking chemical information—which Wyoming requires to be...more

3/14/2014 - Chemicals Fracking Public Disclosure

Federal Regulators Reveal Approval of Three New Fracking Projects Off California Shore

On Wednesday, the Bureau of Safety and Environmental Enforcement (BSEE) confirmed that it approved three fracking plans on a platform roughly nine miles off the California shore in the Santa Barbara Channel. The BSEE, which...more

2/14/2014 - Fracking Offshore Drilling Oil & Gas

Objectors Seek Writ of Certiorari to SCOTUS Over Monsanto Agent Orange Settlement

On January 21, 2014, objectors to a class action settlement over contamination from Monsanto Agent Orange herbicide filed a Petition for Writ of Certiorari with the Unites States Supreme Court. The Petition asked the Court to...more

2/4/2014 - Certiorari Class Action Environmental Claims Environmental Policies Monsanto SCOTUS

Florida House Subcommittee Advances Fracking Disclosure Bills

The Florida House Agriculture and Natural Resources Subcommittee voted 8-4 on Tuesday in support of two bills that would require disclosure of chemicals used in fracking. While not as shale rich as its neighboring states to...more

1/17/2014 - Chemicals Environmental Policies Fracking Hazardous Substances Natural Gas Shale Gas

Producers Investing Heavily in Denver-Julesburg Basin

The Denver-Julesburg (DJ) Basin, which covers northeastern Colorado and parts of Wyoming, Nebraska, and Kansas, is expected to continue as a booming oil and gas play into 2014 and beyond. In 2012, increased drilling in the...more

12/13/2013 - Fracking Horizontal Wells Oil & Gas

Baker Hughes Rig Count Shows Texas Far Ahead of Other U.S. States in Rig Count

According to the Baker Hughes Rig Count, Texas still leads the nation in number of drilling rigs with 821 rigs compared to 176 in its closest U.S. rival state. With 821 rigs, Texas alone comprises 47% of U.S. rigs and 24% of...more

11/15/2013 - Energy Offshore Drilling Oil & Gas

Local Fracking Bans Tested In Court While New York State Remains Undecided

After five years of “health impact analysis” on the effects of fracking, the New York State Department of Health (“NYSDOH”) has still offered no timeline for completion of the study. The NYSDOH study was commissioned by the...more

10/28/2013 - Environmental Policies Fracking Fracking Bans

Anti-Fracking Push Begins in New Jersey with Symbolic Ban by Highland Park Borough

On September 18, 2013, the Highland Park Borough Council passed the first local ban on fracking in New Jersey. Highland Park, like most of New Jersey, has seen no fracking activity to date. And the 14,000-person borough has...more

9/20/2013 - Fracking Fracking Bans

New Colorado Oil and Gas Conservation Commission Setback Rules Likely to Increase Backlog of Permit Applications

On August 1, 2013, the Colorado Oil and Gas Conservation Commission adopted new setback regulations that threaten to increase the backlog of permit applications at the Commission....more

8/9/2013 - Conservation Horizontal Wells Oil & Gas Permits Setback Rules

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the "fax blast"...more

12/19/2012 - Advertising Class Action Faxes FCC Federal Jurisdiction Statutory Penalties TCPA Texting Third-Party

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the “fax blast”...more

12/17/2012 - Advertising Class Action Faxes FCC Federal Jurisdiction TCPA Texting Third-Party

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