U.S. Fifth Circuit Affirms $20 Million Judgment Against Barge Owner as...
Case: United States v. American Commercial Lines, L.L.C., No. 16-31150, ___ F.3d ___ (5th Cir. 11/7/17). Factual Background In July of 2008, nearly 300,000 gallons of oil spilled into the...
View ArticleClik here to view.
U.S. Fifth Circuit Issues CAFA Opinion in Mass Action Addressing Two Issues...
In Warren Lester, et al. v. Exxon Mobil Corp., et al., No. 14-31383, ___ F.3d ___ (5th Cir. 1/9/2018), the U.S. Fifth Circuit Court of Appeals issued an opinion addressing two issues of first...
View ArticleThird Circuit Issues Long-Awaited Ruling in OPA Liability Case
On March 29, 2018, the United States Court of Appeals for the Third Circuit issued its ruling in In re: Petition of Frescati Shipping Co., Ltd., as Owner of the M/T ATHOS I, Nos. 16-3552, 16-3867...
View ArticleLouisiana Fifth Circuit Weighs in on Proper Application of Prescription and...
In a case sure to be used as a sword by many defendants in the prevalent NORM (naturally occurring radioactive material) litigation in Louisiana and elsewhere, Patricia Lennie, et al. v. Exxon Mobil...
View ArticleClik here to view.
U.S. Supreme Court Addresses Circuit Split Regarding “Bare Metal” Defense in...
In Air & Liquid Systems Corp. v. Devries, No. 17-1104, — S. Ct. —, 2019 WL 1245520 (U.S. March 19, 2019), the U.S. Supreme Court resolved a circuit split regarding maritime law and the “bare...
View Article5th Circuit Grants En Banc Rehearing to Address Federal Officer Removal
After years of inconsistent rulings, the Fifth Circuit is poised to address a removal issue with significant ramifications for Louisiana tort cases. The previous version of 28 U.S.C. § 1442 authorized...
View ArticleSCOTUS Decides Dutra Group v. Batterton
Today the United States Supreme Court issued its decision in this landmark case concerning punitive damages. The six justices in the majority opinion reversed the Ninth Circuit and resolved a circuit...
View ArticleOSHA Awards Damages for Retaliatory Discharge of Jones Act Seaman in...
In a stark reminder of the sanctity of Coast Guard investigations, and the consequences of impeding such investigations, the U.S. Department of Labor’s Occupational Safety and Health Administration...
View ArticleU.S. Climate Change Litigation: 2020 Update
Since the initiation of climate change litigation several years ago, various state governments and interest groups have filed lawsuits against fossil fuel companies and governing authorities. The...
View ArticleEn Banc Fifth Circuit Issues Long-Awaited Ruling on Federal Officer Removal
The Fifth Circuit recently issued an en banc opinion in Latiolais v. Huntington Ingalls, Inc.,[1] a case previously featured on the Blog, overruling “extraordinarily confused” precedent and...
View ArticleARCO v. Christian: Supreme Court Allows State Law Claims for Restoration...
This week, in a split 7-2 opinion authored by Chief Justice Roberts, the Supreme Court held that Montana state law claims brought by private landowners against Atlantic Richfield Company (“ARCO”) for...
View ArticleClimate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit...
Amidst historically low oil prices and economic shutdowns, fossil fuel companies continue to defend against lawsuits brought by state and local governments claiming climate-change related damages. In...
View ArticleU.S. Supreme Court To Review Scope of Appellate Review for Federal Officer...
Today, the United States Supreme Court granted a Petition for Certiorari filed by energy companies in Baltimore’s climate change lawsuit. By granting the petition, the Supreme Court has agreed to...
View ArticleIt’s Heating Up: United States Supreme Court Hears Arguments on Proper...
Yesterday, the United States Supreme Court heard oral arguments in the climate change lawsuit filed by the City of Baltimore in 2018 against energy companies. This case is one of a number of cases...
View ArticleClik here to view.
Louisiana Appellate Court Affirms Summary Judgment in Asbestos Case
On February 3, 2021, the Fourth Circuit Court of Appeal affirmed a trial court’s ruling that granted a summary judgment motion finding plaintiffs failed to submit specific evidence of asbestos...
View ArticleClik here to view.
United States Supreme Court Issues First Decision in Climate Litigation
Updated from May 18, 2021 post. On May 17, 2021, the United States Supreme Court issued a decision in the climate change litigation affecting the fossil fuel industry. In a 7-1 decision (Justice Alito...
View ArticleClik here to view.
2023 Begins With Increased (or Unlimited) Liability for Vessel Owners
A Regulatory Increase to the Limits of Liability for Oil Pollution and an Amendment Exempting Small Passenger Vessels from the Limitation of Liability Act Present New Challenges for Vessel Owners U.S....
View ArticleClik here to view.
The Louisiana Supreme Court Issues New Decision Addressing Scope of Claims...
On January 27, 2023, the Louisiana Supreme Court issued a ruling involving claims for negligent infliction of emotional distress (“NIED”) absent physical damage. In Spencer v. Valero Refining Meraux,...
View ArticleClik here to view.
Court Dismisses Permitting Challenges to the U.S.’s First Major Offshore Wind...
On May 17, 2023, the United States District Court for the District of Massachusetts dismissed plaintiffs’ challenges to the Vineyard Wind Project—the United States’s first major offshore wind project....
View ArticleClik here to view.
U.S. Supreme Court Issues Major Environmental Decision Narrowing the Scope of...
The U.S. Supreme Court decision in Sackett v. EPA, No. 21-454 (May 25, 2023) is a landmark ruling in environmental law interpreting the scope of water bodies covered by the Clean Water Act (CWA) – an...
View ArticleClik here to view.
“Juries cannot simply pick a number and put it in the blank.” – Texas Supreme...
On June 16, 2023, the Supreme Court of Texas released the plurality opinion in Sarah Gregory and New Prime, Inc. v. Jaswinder Chohan, et al., __ S.W.3d ___, No. 21-0017, 2023 WL 4035886 (Tex. June 16,...
View ArticleClik here to view.
E-Discovery Update: Louisiana Third Circuit Affirms Defendant’s Authority to...
The Louisiana Third Circuit recently affirmed a trial court discovery ruling that allowed the defendant to design its own e-discovery protocol without input from plaintiffs. In doing so, the Third...
View ArticleClik here to view.
EPA and Army Corps Release New WOTUS Rule
On September 8, 2023, EPA and the U.S. Army Corps of Engineers published a final rule narrowing the scope of “waters of the United States” (WOTUS) under the Clean Water Act (CWA) such that certain...
View ArticleClik here to view.
Climate-Related Lawsuits Continue to Return to State Courts: Understanding...
A federal appeals court has affirmed that a “greenwashing” lawsuit by the District of Columbia against several major energy companies should not be heard in federal court. In doing so, the court found...
View ArticleClik here to view.
Fifth Circuit Applies U.S. Supreme Court’s Sackett Decision to End...
On December 18, 2023, the U.S. Court of Appeals for the Fifth Circuit applied the U.S. Supreme Court’s Sackett v. EPA decision redefining waters of the United States (“WOTUS”) to end a ten-year...
View ArticleClik here to view.
Louisiana Appeals Court Finds Environmental Justice Is Part of the Louisiana...
On January 19, 2024, the Louisiana First Circuit Court of Appeal reinstated the Formosa Plastics (“FG LA”) facility air permits, which the lower court had previously vacated. Rise St. James v....
View ArticleClik here to view.
EJ Evolution: Court Enjoins EPA from Imposing Disparate Impact Requirements...
Less than two weeks after the hearing in Louisiana v. EPA, a federal district court granted Louisiana’s request to preliminarily enjoin the Environmental Protection Agency (EPA) and the Department of...
View Article
