It was a bad day for the Parrs in Aruba Petroleum v. Parr. The trial court judgment was against the operator for intentional nuisance. The Parrs recovered $2.9 million for pain and suffering and mental anguish and for loss of market value of their home caused by Aruba’s gas wells in Wise County, Texas. (See
Proposed Methane Rules – Good or Bad?
Last week we discussed why the EPA’s plan to limit methane emissions from existing oil and gas facilities is good. Now we will consider reasons why the plan is not prudent.
Will the rules be good or bad for America?
The President says good. Will it be as “good” as the ACA? While you decide
Hydrocarbon Exposure Dismissal Affirmed
You might recall previous entries discussing Parr v. Aruba (here is one) – a suit for personal injuries from oilfield pollution (and a $2.9MM verdict for the plaintiffs). Not all similar suits have the same result.
You could liken Cerny v. Marathon Oil and Plains Exploration & Production to a game of legal
Ballplayers Don’t Fear the Clock; Should a Plaintiff?
Quiz: How is baseball not like litigation?
- Sloppy play can lose the game
- Production sometimes declines after a big signing
- Lawyers don’t wear athletic supporters to work
- When the judge says “Call your next witness”, lawyers don’t step out of the batters’ box to adjust their gloves while the jury waits
- “Pace of play” is
Defendants Saved by Louisiana Subsequent Purchaser Rule
Co-author Brooke Sizer
Another Louisiana court has ruled that the Subsequent Purchaser Rule applies to damages following a mineral lease. In Bundrick v. Anadarko Petroleum Corp. it is the 3rd Circuit.
The Rule:
An owner of property had no right or actual interest in recovering from a third party for damage which was
Lipsky Revisited – Details and Debate
I often wonder if anybody actually reads our modest, quasi-weekly offerings. They do! And they respond! To criticize! I earn my keep being “critiqued” by impatient judges, aggressive opposing counsel and, occasionally, less-than-happy clients, so – challenge accepted.
“Critique” One:
Lipsky was not Range’s lessor, therefor I know nothing about the case. Surely, this person
How Are the Texas Anti-SLAPP Statute and Jade Helm 15 Alike?
May a court “draw rational inferences from circumstantial evidence” when determining if a plaintiff has met its burden in a suit in which the defendant has invoked the Texas Citizens Participation Act . That was the question in In re Lipsky.
What is The Anti-SLAPP Statute?
The
Hydrocarbon Exposure Reconsidered
Co-author Maryann Zaki
You might recall previous entries (here is one) discussing the $2.9 million Dallas County verdict and judgment in Parr v. Aruba. Not all similar suits have the same result.
Michael and Myra Cerny sued Marathon Oil Corp. and Plains Exploration & Production Company, alleging, as in Parr, private
A Plaintiffs’ Jury Verdict in a Texas Fracing Case
Co-author Maryann Zaki
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. Here is the jury verdict. The Parrs sued Aruba Petroleum, alleging that drilling and fracing at
Mixed Result in a Louisiana Legacy Pollution Case
Co-author Ann Weissmann
The Dietz family sued several lessees for injunctive relief and restorative damages arising out of leases on two non-contiguous tracts in Acadia Parish. In Dietz, et al. v. Superior Oil Company, et al the trial court granted the lessees’ dilatory exceptions of prematurity and improper cumulation and dismissed the plaintiff’s suit without