"Damages" in an Injury Lawsuit: An Introduction for Lay People
Trial by Jury: Why It Matters in a Democratic Society
What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?
What should I do when I receive a letter from a prosecutor?
Two-Pronged Approach to Defending Lawsuits – Interview with Dominic Picca, Member, Mintz Levin
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
Today, July 30, the Center for Biological Diversity (“CBD”) filed a complaint in Sacramento County Superior Court against the Division of Oil, Gas & Geothermal Resources (“DOGGR”). CBD claims, among other things, that DOGGR...more
This decision departs from all other federal circuits that have addressed the issue and, if adopted by other courts, represents a significant expansion of potential liability for operators in the nuclear energy industry....more
After denying their motions to intervene last week (see our coverage here), Judge Hogan issued a Scheduling Order that sets today as the deadline for the eight environmental organizations and State Senator Lesniak (D-Union)...more
Recent events have me pondering this question.
Most notably, in two court decisions last week, courts ordered the State of Washington and the government of the Netherlands to take more aggressive action against climate...more
Texas law is well-settled that lost profits can be recovered only when the amount can be proven with "reasonable certainty." A recent Texas Supreme Court case has made clear that this requirement cannot be circumvented by...more
In Black Mesa v. Jewell, 2015 DJDAR 1050, the United States Court of Appeals for the Ninth Circuit concluded that an environmental group was entitled to an award of attorney fees arising out of their challenge to the Office...more
In In re El Paso Pipeline Partners, L.P. Derivative Litigation, 2015 WL 1815846 (Del. Ch. Apr. 20, 2015), the Delaware Court of Chancery (Vice Chancellor J. Travis Laster) issued a post-trial opinion finding that the general...more
A federal district court in Pennsylvania cautioned against premature Lone Pine motions in a ruling that may be instructive for future lawsuits involving oil and gas exploration and production operations....more
When Longview Power built a coal-fired power plant costing well over a billion dollars, its lender obtained $825 million in title insurance coverage from First American, and First American signed Reinsurance Agreements with...more
On Friday, April 24, the Railroad Commission of Texas (RRC) ordered hearings regarding two waste injection well permits. The hearings are to address an alleged connection between the injection wells and seismic activity in...more
The recent 7-2 U.S. Supreme Court decision in Oneok, Inc. et al. v. Learjet, Inc. et al. ruled that state law antitrust claims brought against interstate pipeline companies by a group of manufacturers and other retail buyers...more
Legacy litigation refers to hundreds of lawsuits in Louisiana seeking damages allegedly related to environmental harm caused by oil and gas exploration and production activities. These lawsuits have been likened to winning...more
Neither the courts of Texas nor Louisiana have directly addressed the meaning of the word “replace” in the context of a pipeline easement and, in particular, whether replacement requires the removal of the old pipeline or...more
Whoa! I didn’t see this one coming. Pennsylvania lessees are not entitled to an equitable extension of the primary term of an oil and gas lease in the face of a legal challenge to the validity of the lease....more
Citadel Exploration has abandoned its legal challenge to San Benito County’s Measure J, a voter-sponsored initiative that banned several enhanced recovery methods of extracting oil and gas, including hydraulic fracturing and...more
On March 30, 2015, the National Biodiesel Board (NBB) submitted a petition to EPA seeking reconsideration and a request for stay of EPA's approval of the Argentinian Camara Argentina de Biocombustibles (CARBIO) Alternative...more
What must a Louisiana lessee do to avoid statutory penalties for non-payment of royalty, and what must a royalty owner do to put the lessee on notice that royalties are not being paid? The answers are, more than the lessee...more
The Trans Mountain Expansion Project, which involves the proposed twinning of the existing Edmonton-Burnaby pipeline and the expansion of a marine terminal, was the subject of a number of court decisions last year involving...more
The 25th Biennial Admiralty Law Institute kicked off with great success on March 11, 2015. Informative presentations continued on March 12-13, building on the theme of this year’s conference, “Symposium on Maritime Personal...more
Accounting for “Country-Risk” in Assessing Damages in Investor-State Arbitration: Gold Reserve Inc. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB(AF)/09/01, Award (Sept. 22, 2014). The careful treatment of the...more
The decision marks another departure by the Pennsylvania Supreme Court from “mainstream” oil and gas jurisprudence.
On February 17, the Pennsylvania Supreme Court (the Court) unanimously ruled that state law does not...more
Project owners and financiers are increasingly turning to delay in startup insurance to protect themselves from the financial consequences of delays in completion of large new construction projects, particularly for projects...more
It s been said that if you don’t ask for what you want you’ll get what you deserve. Mr. Hooks took that truism to heart.
Hooks v. Samson is about more than the discovery rule (See last week). Here are the other claims...more
The recent decision in Wilson v. Southern California Edison Co., __Cal. App. 4th__, 2015 WL 522578, provides increased clarity into the California rule permitting claims for negligent infliction of emotional distress (NIED)...more
Last week, the Pennsylvania Supreme Court, on certification from the United States Court of Appeals for the Third Circuit, ruled that the primary term of an oil and gas lease would not be equitably tolled during the pendency...more
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