In Germany v. ConocoPhillips Co., 2007-1145 (La. App. 3 Cir. 3/5/08), — So. 2d –, the Third Circuit upheld the trial court’s ruling that under Act 312 a single trial of all issues should be held prior to referring a case to the Louisiana Department of Natural Resources (“LDNR”) for the development
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Texas — Right to Arbitate Waived Without Proof of Prejudice to Opposing Party
By Liskow & Lewis on
Posted in Arbitration
The Supreme Court of Texas has never before found a waiver of the right to arbitrate, but in a recent five-to-four decision likely to attract multiple friend-of-the court briefs on rehearing, the court vacated an $800,000 arbitration award in favor of two homeowners and remanded their claims for trial based on the conclusion of five…
Acquisitive Prescription and Predial Servitudes
By Liskow & Lewis on
Posted in Pipeline
In Davis v. Provost, 2007-1519 (La. App. 3 Cir. 4/2/08), — So. 2d –, the Louisiana Court of Appeal for the Third Circuit reinforced an earlier holding that 1977 La. Acts No. 514 § 1, which allowed the acquisition of a predial servitude through acquisitive prescription, was not retroactive. In Davis, the plaintiffs filed a…
Taxation of Fuel Provided to Compression Service Operators at No Cost
By Liskow & Lewis on
Posted in Energy & Natural Resources
In Bridges v. Production Operators, Inc., 2007-0648 (La. App. 4th Cir. 12/12/07),974 So.2d 54, at issue was whether the provision of fuel by customers to a compression services operator at no cost for use in powering the operator’s compressors was subject to Louisiana sales or use tax.
Production Operators, Inc. (“POI”) operated a gas…
U.S. Supreme Court Declines to Enforce Arbitration Provision Setting Forth Grounds for Judicial Review of Arbitration Award
By Liskow & Lewis on
Posted in Contracts
In Hall Street Associates, LLC v. Mattel, Inc., 2008 WL 762537 (U.S. 2008), the Supreme Court held that the grounds for vacatur and modification of arbitration awards provided by §§ 10 and 11 of the Federal Arbitration Act (“FAA”) are exclusive.
The case began as a lease dispute between a landlord, Hall Street Associates…
Punitive damages for gross negligence are insurable under Texas Law
By Liskow & Lewis on
Posted in Insurance
On certified question from the Fifth Circuit Court of Appeals, the Texas Supreme Court, in Fairfield Insurance Company v. Stephens Martin Paving, LP, 2008 WL 400397, *1 (Tex. 2008), addressed the issue of whether Texas public policy prohibits a “liability insurance provider from indemnifying an award for punitive damages imposed on its…
Insurance Company House Counsel May Defend Insureds
By Liskow & Lewis on
Posted in Insurance
In an opinion filed today in the matter of Unauthorized Practice of Law Committee vs. American Home Assurance Co., the Supreme Court of Texas has authorized liability insurers to use in-house staff attorneys to defend their Texas insureds, so long as there is no conflict of interest between the insurer’s and…
Jindal signs ethics laws
By Liskow & Lewis on
Posted in Uncategorized
On Tuesday, February 26, the Louisiana Legislature adjourned a special session called by newly-elected Governor Bobby Jindal in the hope of enacting sweeping changes to Louisiana ethics laws relating to elected officials and other state administrators. The session resulted in the passage of a number of bills designed to increase transparency with respect to state officials’ financials,…
Violations of Environmental Terms in Federal Oil and Gas Lease Insufficient to Support a Claim under the False Claims Act
By Liskow & Lewis on
Posted in Offshore
By Clare Bienvenu
In Marcy v. Rowan Cos., Inc., No. 06-31238, 2008 WL 588745 (5th Cir. 2008), the Fifth Circuit Court of Appeals affirmed the district court’s decision to dismiss a qui tam action brought under the Federal Claims Act (FCA). The action alleged that the defendants violated the FCA by concealing the discharge of…
Renewable Energy & Conservation Tax Act of 2008
By Liskow & Lewis on
Posted in Uncategorized
By Katie Caswell
The House Ways and Means Committee has introduced HR 5351, the Renewable Energy and Energy Conservation Tax Act of 2008, which eliminates the manufacturing tax credit for major oil and gas companies and locks the credit at six percent for other producers and refiners. Further, this bill would force oil and gas…