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Energy Sector Negligence

Dorsey & Whitney LLP

Energy Law: Month in Review - May 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wind Energy/Wind Turbines: United States District Court Addresses Nuisance Claim

A United States District Court (W.D. New York) (“Court”) addressed in a July 14th decision and order (“Order”) an issue arising out of the operation of wind turbines. See Andre, et al. v. Invenergy LLC, 2022 WL 2759249. ...more

Holland & Knight LLP

Fifth Circuit's Seaman Status Realignment Brings New Considerations for Offshore Oil & Gas and Wind Industry Operators

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Since the enactment of the Jones Act, courts have wrestled to define "seaman" and who is entitled to remedies under the Jones Act. The Jones Act grants a "seaman" a negligence cause of action against his employer and only a...more

Gray Reed

Are Oilfield Contractors Liable For Road Damage?

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No, at least not in Dimmit County, Texas, under the facts of In Re: Wood Group PSN, Inc. et al. Twenty-nine contractors and producers were sued by Dimmitt County for damaging a 6.9 mile long non-asphalt county road by their...more

Gray Reed

Choice of Law Matters in an Oilfield Indemnity Suit

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Did Texas law or New Mexico law apply to knock-for-knock indemnity provisions of a Master Work and Services Agreement? When a contract itself explicitly calls for Texas law, that is likely to be the outcome, as it was in...more

Gray Reed

Texas Accomodation Doctrine Claim Repudiated

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Harrison v. Rosetta Resources Operating LP presents a wacky? time-wasting? clever? unsuccessful attempt to expand reinvent the Texas accomodation doctrine....more

Gray Reed

MSA Indemnity Denied Under The Louisiana Oilfield Indemnity Act

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Cardoso-Gonzales v. Anadarko Petroleum Corp. addressed the all-important indemnity and insurance provisions in Master Service Agreements in light of the Outer Continental Shelf Lands Act and the Louisiana Oilfield Indemnity...more

Gray Reed

Original Louisiana Lessee Can’t Escape Liability

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Louisiana practitioners and their clients tend to know this particular point of Louisiana law, but it could surprise out-of-staters (known in their native habitat as “Texans”), so it’s worth a reminder...more

Gray Reed

An Indemnity Agreement Means What it Says

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We are reminded in Claybar v. Samson Exploration that a court will (if it’s doing its job) enforce an agreement according to what it actually says, not by that which one party or the other would have liked it to say or...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hydraulic Fracturing Services: New York Appellate Court Addresses Request to Dismiss Common-Law Indemnification Claim

The Supreme Court of the State of New York (Appellate Division)(“Court”) in a December 22, 2017, Memorandum and Order (“Order”) addressed whether a lower court erred in failing to dismiss a third-party claimant’s...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hydraulic Fracturing Services: New York Appellate Court Addresses Whether Field Invoice Terms Limit Damage Claims

The Supreme Court of the State of New York (Appellate Division) (“Court”) in a November 9th Memorandum and Order (“Order”) addressed whether field invoices provided to a customer for the performance of hydraulic fracturing...more

Gray Reed

Blame Game Fails Louisiana Casing Vendor

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There’s no better place in the oil patch to play the blame game than 10,000 feet of leaky wellbore. What went wrong? In Justiss v. Oil Country Tubular Corporation, Justiss, a drilling contractor, entered into an IADC...more

Gray Reed

Texas Courts Continue Their Romance With Arbitration

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The lessons in Craddick Partners Ltd. v. EnerSciences Holdings, LLC are three: Parties who have not signed an agreement to arbitrate have standing to compel arbitration; artful pleading to avoid arbitration won’t work; and...more

Gray Reed

Railroad Commission Plugs the Wrong Well – Another Issue

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“Back in the day, when the Yankees always won the World Series and you could name a park after a Confederate general, we didn’t need no written contract; a man’s word was his bond, … yadda, yadda, yadda”....more

Gray Reed

Railroad Commission Not Off the Hook for Plugging the Wrong Well

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“You are my friend, kind of.” Hush Puppy, as she stares down the Aurochs in Beasts of the Southern Wild. Is our “friend” the Texas Railroad Commission? Gulf Energy bought a package of offshore wells out of bankruptcy....more

Gray Reed

Hydrocarbon Exposure Dismissal Affirmed

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You might recall previous entries discussing Parr v. Aruba – a suit for personal injuries from oilfield pollution (and a $2.9MM verdict for the plaintiffs). Not all similar suits have the same result....more

Gray Reed

Compressor Station Negligent Nuisance Verdict Reversed

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Therapist: “We’re here today in group to bring closure to the traumatic events of Crosstex North Texas Pipeline L.P. v. Gardiner. Each side claims mistreatment by his adversary and by one component or another of the civil...more

Gray Reed

Who Needs A Master Service Agreement?

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You do, whether you are a vendor or an operator. Matador Production Company vs. Weatherford Artificial Lift Systems, Inc. is a treatise on what can go wrong with a frac job: Failure of pumps, worker inexperience, failure of...more

King & Spalding

Terms & Conditions under Texas Law: A Potential Liability Trap for Oilfield Operators

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A common misconception exists that pre-printed terms and conditions on a job ticket do not rise to the level of a legal contract. This view is not correct. Terms and conditions can and will be enforced by Texas courts. Such...more

Baker Donelson

North Carolina Legislators Look to Criminalize Disclosure of Fracking Fluids

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As many states and the federal government look towards calling for greater disclosure and regulation of the chemicals used in hydraulic fracturing, state senators in North Carolina appear to be pushing against the tide in...more

Gray Reed

Plugging the Wrong Well is Likely to Impact Your Pocketbook

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The Texas Railroad Commission’s contractor, Superior, plugged the 708S-5 well on behalf of the Commission. Oops! The contractor plugged the wrong well. ...more

Gray Reed

Texas Court Declines Indemnity For One’s Own Bad Acts

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We begin with a philosophical question: Should a person be rewarded for bad behavior? Despite twerkee Molly Cyrus (and her daddy), the Kardashians and, at least for a while Richard Nixon, the answer should be, no. ...more

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