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$2.9 Million Jury Award For Texas Fracking Claim: Lessons for Energy Company Risk Managers

A jury in Dallas recently awarded $2.9 million to a Texas family in one of the first trials involving allegations that hydraulic fracturing caused nearby residents to suffer health problems and property damage. Although...more

Dallas Jury Awards $3 Million Verdict Against Oil and Gas Production Company

On April 22, 2014, a Dallas jury awarded almost $3 million to a Texas family in a nuisance case referred to in media headlines as the first-of-its-kind “fracking” case. Parr v. Aruba Petroleum, Inc., No. 11-01650-E (County...more

Texas Jury Awards Damages for Fracking Nuisance Claim for the Second Time

Last Friday, a Texas jury awarded a Tarrant County couple $20,000 in damages after finding activities at a natural gas drilling site located 165 feet from their property constituted a temporary private nuisance. The verdict...more

"Hydraulic Fracturing" Verdict in Texas State Court -- Texas family recovers $3 million based on nuisance theory

On April 22, 2014, a six-person jury in Dallas awarded a Texas family $2.925 million in a trial based on medical problems allegedly caused by natural gas development. While the case involved gas wells that had been...more

Texas Family Awarded $2.9 Million in Damages from Fracking Nuisance Claims

On April 22, 2014, a Dallas County, Texas jury awarded a family $2.9 million dollars for personal injury and property damages arising out of their suit against Aruba Petroleum, Inc. The jury’s verdict includes damage awards...more

$3 Million Verdict in Fracking Case - Fluke or the Harbinger of Claims to Come?

In a highly anticipated verdict reached on April 22, 2014, a Dallas County Court at Law jury awarded the Parr family $2.925 million against Aruba Petroleum on a nuisance claim arising out of drilling in the Barnett Shale in...more

A Plaintiffs’ Jury Verdict In A Texas Fracing Case

In case you’ve been living in your van down by the river, you’ve heard that a Texas jury awarded $2.9 million to landowners in a case involving alleged hydrocarbon exposure due to hydraulic fracturing operations. ...more

Texas Jury Awards $3 Million in Hydraulic Fracturing Lawsuit

A jury in Dallas County, Texas, awarded nearly $3 million on April 22, 2014, in a suit contending that Aruba Petroleum, Inc., as well as other operators and service providers, had caused “environmental contamination and...more

Taking the Fight to the Ice: Ontario Court of Appeal allows enforcement action against Canadian subsidiary for environmental...

In Yaiguaje v Chevron Corporation, 2013 ONCA 758, the Ontario Court of Appeal held that Ontario has jurisdiction to recognize and enforce a foreign judgment against a Canadian subsidiary that was not a party to the foreign...more

Second Circuit Affirms Exxon Judgment, Rejects Clean Air Act Preemption Argument

Exxon Mobil Corp. must pay up, so said a three judge panel of the Second Circuit late last month. Opening the door to a flood of litigation concerning the gasoline additive MTBE, the Second Circuit affirmed a jury verdict...more

Not on the Rink in My Backyard - Ontario Court Rejects Bid to Enforce Ecuadorian Judgment Against Chevron Corp.

It is well-known that for 20 years Chevron Corp. has been engaged in litigation with residents of the Lago Agrio region of Ecuador over alleged environmental and health damage arising out of oil exploration activities by...more

Ontario Court Dismisses “Speculative” Challenge to a Prospective Wind Turbine Project

In Wiggins v. WPD Canada Corporation, the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective (not yet approved) wind turbine project,...more

Neutrals create streamlined process for resolving natural disaster cases

Originally published in the Daily Journal on March 15, 2013. With more than 2,000 lawsuits filed by homeowners in the wake of the fires that ravaged San Diego County in 2007, attorneys for plaintiffs and San Diego Gas...more

Western Pa.'s Take On Carbon Dioxide Liability Claims

Originally published in Law360 on December 17, 2012. Left open by the U.S. Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance...more

Supreme Court Refuses to Hear Chevron's Appeal re $18 Billion Ecuador Contamination Case

On Tuesday, the U.S. Supreme Court denied Chevron's petition for certiorari from a decision of the Second Circuit Court of Appeals. Chevron had asked the federal courts for an injunction barring the enforcement of a $18...more

DISPUTE RESOLUTION: Climate Change Litigation: Ninth Circuit Rejects Plaintiffs’ Claims for Damages for Alleged Climate...

In Native Village of Kivalina v. ExxonMobil Corp., No. 09-17490 (9th Cir. Sep. 21, 2012), a panel of the Ninth Circuit unanimously affirmed the dismissal of an action brought by plaintiffs who sought $400 million in damages...more

Last Federal Climate Change Case Dismissed by Ninth Circuit

Last Friday, the Ninth Circuit dismissed the last climate change lawsuit still pending in the federal courts to the best of my knowledge. Native Village of Kivalina v. ExxonMobil Corp. was a lawsuit by a small Alaskan village...more

Another Nail in the Public Nuisance Litigation Coffin: The 9th Circuit Affirms Dismissal of the Kivalina Claims

On Friday, in Native Village of Kivalina v. ExxonMobil,the 9th Circuit Court of Appeals may have sounded the death knell for public nuisance litigation concerning the impacts of climate change, affirming dismissal of the...more

Ninth Circuit Displaces Kivalina v. ExxonMobil Climate Change Liability Case

In litigation concerning liability for the emission of greenhouse gases, the federal common law of nuisance is displaced by the Clean Air Act. This is not news. It was established by the Supreme Court over a year ago in...more

INSIGHTS - Patton Boggs Safety and Health Newsletter - July 2012

In This Issue: - Obama Directive Aims to Ease Regulatory Burden - Kline Seeks Data on Advance Notice, MSHA Injuries - OSHA Inconsistent on Safety Incentive Program Criteria, GAO Says - IARC Claims Diesel...more

McAfee & Taft RegLINC - July 2012: San Bruno restitution by Chris Paul

Pacific Gas & Electric Co. will pay the city of San Bruno, California, $70 million to help it recover from the September 9, 2010, explosion of a PG&E pipeline. The gas pipeline explosion killed eight people and damaged about...more

Based On Economic Loss Rule and Consequential Damages Clause, Supreme Court Holds That Plaintiff Had No Tort Claim

In El Paso Marketing, L.P. v. Wolf Hollow I, L.P., the Texas Supreme Court decided that the economic loss rule and a consequential damages clause eliminated a power plant owner’s claim against a pipeline company for...more

Felecita Del Carmen Canas, et al v. Centerpoint Energy

Plaintiffs' Memorandum of Law on the Filed Tariff Doctrine and how it Does not Protect a Gas Utility from Tort Liability

Felecita Del Carmen Canas was burned alive in a gas explosion. She left three orphans. Millions and millions of underground pipelines transport gas from public utility companies to our homes, schools and businesses. Most of...more

Supreme Court Issues Decision in: American Electric Power Co. v. Connecticut - Clean Air Act Displaces Federal Common Law Claims...

Today, the Supreme Court issued a decision rejecting an attempt to hold private companies liable in tort for greenhouse gas emissions alleged to contribute to global climate change. In an 8-0 decision, the Court held that...more

Public Trust Climate Change Lawsuit Strikes Out in Montana

The U.S. Supreme Court is expected to rule any day now on the climate change public nuisance case in AEP v. Connecticut, in the meantime the State Supreme Court of Montana has dealt a blow to a separate lawsuit that sought to...more

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