legacy litigation

Failure to Allege Plausible Arguments Against Oil and Gas Companies Proves Costly as the Fifth Circuit Dismissed Oyster Mortality Case

The United States Fifth Circuit Court of Appeals recently affirmed the dismissal of a lawsuit against 18 oil and gas companies. The lawsuit arose from the sudden death of oysters in Plaquemines Parish, which plaintiffs, a group of about 30 oyster fishermen, alleged were the result of a release of produced water and brine—frequent byproducts of oil and gas operations. …
Continue Reading Failure to Allege Plausible Arguments Against Oil and Gas Companies Proves Costly as the Fifth Circuit Dismissed Oyster Mortality Case

The availability of excess remediation damages, which are damages for additional remediation beyond state regulatory standards that can be pocketed by landowners instead of deposited with the court, has been a hotly contested issue in Louisiana legacy cases involving oilfield remediation claims governed by Act 312 (La. R.S. 30:29).
Continue Reading Liskow Secures Success at the Louisiana First Circuit Court of Appeal in Legacy Case Involving Excess Remediation Claims Under Act 312

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 Circuit bolstered the longstanding principle that trial courts have considerable discretion over discovery issues. …
Continue Reading E-Discovery Update: Louisiana Third Circuit Affirms Defendant’s Authority to Govern Its Own E-Discovery Protocols