LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - ICC Awards Avobone 13 Million Pounds; San Leon To Appeal

DUBLIN, Ireland - An Irish energy company on May 26 announced that it will appeal to an English high court an international arbitration award in which a tribunal ordered it to pay 13 million pounds in damages.

Mealey's Litigation Procedure - 9th Circuit Revives Portions Of California's Suit Over Contamination Near Stadium

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on May 21 reinstated the State of California and City of San Diego's claims for damages, nuisance and trespass against Kinder Morgan Energy Partners LP over groundwater contamination of a parcel of land near Qualcomm Stadium, after finding that a federal judge erred when finding that a portion of an expert's opinion should be excluded under Daubert v. Merrell Dow Pharmaceuticals Inc. (509 U.S. 579 [U.S. Sup. 1993]) (People of the State of California, et al. v. Kinder Morgan Energy Partners LP, et al., No. 13-55297, 9th Cir.; 2015 U.S. App. LEXIS 8418).

Mealey's Toxic Tort/Environmental - 9th Circuit Revives Portions Of California's Suit Over Contamination Near Stadium

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on May 21 reinstated the State of California and City of San Diego's claims for damages, nuisance and trespass against Kinder Morgan Energy Partners LP over groundwater contamination of a parcel of land near Qualcomm Stadium, after finding that a federal judge erred when finding that a portion of an expert's opinion should be excluded under Daubert v. Merrell Dow Pharmaceuticals Inc. (509 U.S. 579 [U.S. Sup. 1993]) (People of the State of California, et al. v. Kinder Morgan Energy Partners LP, et al., No. 13-55297, 9th Cir.; 2015 U.S. App. LEXIS 8418).

Mealey's Litigation Procedure - Judge: 2 Halliburton Experts Must Produce Materials In Radioactive Waste Lawsuit

OKLAHOMA CITY - The federal judge in Oklahoma presiding over a lawsuit brought by residents who contend that they have been injured as a result of exposure to radioactive waste from a chemical plant operated by Halliburton Energy Services Inc. (HESI) on May 14 ruled that some of HESI's experts needed to disclose to the plaintiffs what is referred to as "testifying expert considered materials" (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.; 2015 U.S. Dist. LEXIS 63223).

Mealey's Litigation Procedure - Canadian Energy Company Files 2nd Arbitration Against Kyrgyz Republic

TORONTO - A Canadian energy company on May 15 announced that it has filed a new arbitration against the Kyrgyz Republic, seeking to collect a recent $118 million Russian arbitration award issued in its favor.

Mealey's Toxic Tort/Environmental - Judge: 2 Halliburton Experts Must Produce Materials In Radioactive Waste Lawsuit

OKLAHOMA CITY - The federal judge in Oklahoma presiding over a lawsuit brought by residents who contend that they have been injured as a result of exposure to radioactive waste from a chemical plant operated by Halliburton Energy Services Inc. (HESI) on May 14 ruled that some of HESI's experts needed to disclose to the plaintiffs what is referred to as "testifying expert considered materials" (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.; 2015 U.S. Dist. LEXIS 63223).

Mealey's Litigation Procedure - Residents: Halliburton Should Not Be Allowed To File Brief In Radiation Lawsuit

OKLAHOMA CITY - The Oklahoma residents who sued Halliburton Energy Services Inc. (HESI) for alleged injuries from exposure to radioactive waste from a chemical plant operated by HESI on May 7 filed a brief in Oklahoma federal court contending that the company should not be permitted to file a sur-reply brief opposing the plaintiffs' motion to compel discovery (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.).

Mealey's Toxic Tort/Environmental - Residents: Halliburton Should Not Be Allowed To File Brief In Radiation Lawsuit

OKLAHOMA CITY - The Oklahoma residents who sued Halliburton Energy Services Inc. (HESI) for alleged injuries from exposure to radioactive waste from a chemical plant operated by HESI on May 7 filed a brief in Oklahoma federal court contending that the company should not be permitted to file a sur-reply brief opposing the plaintiffs' motion to compel discovery (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.).

Mealey's Toxic Tort/Environmental - Noble Energy To Pay $73M To Resolve Clean Air Act Suit

DENVER - Noble Energy Inc. on April 22 entered into a consent decree with the federal government and State of Colorado in which it agreed to pay $73 million to resolve allegations that volatile organic compound (VOC) emissions from its oil and gas exploration and production activities in Denver were in violation of the Clean Air Act (CAA) and Colorado Air Pollution Prevention and Control Act (United States of America, et al. v. Noble Energy Inc., No. 15-cv-0841, D. Colo.).

Mealey's Litigation Procedure - ICC Issues Award, Finds Stock Purchase Agreement Is Void

WESTPORT, Conn. - An energy group on April 22 announced that an international tribunal has issued an award, finding that a stock purchase agreement is void.

Mealey's Litigation Procedure - Judge: Denial Of Class Status In Halliburton Radioactive Waste Lawsuit Stands

OKLAHOMA CITY - The federal judge presiding over a lawsuit brought by Oklahoma residents who contend that they were injured from exposure to radioactive waste from a chemical plant operated by Halliburton Energy Services Inc. (HESI) on April 21 denied the residents' motion to reconsider her denial of class certification (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.).

Mealey's Toxic Tort/Environmental - Judge: Denial Of Class Status In Halliburton Radioactive Waste Lawsuit Stands

OKLAHOMA CITY - The federal judge presiding over a lawsuit brought by Oklahoma residents who contend that they were injured from exposure to radioactive waste from a chemical plant operated by Halliburton Energy Services Inc. (HESI) on April 21 denied the residents' motion to reconsider her denial of class certification (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.).

Mealey's Litigation Procedure - Creditors Hire Expert For Energy Future's Asbestos Claim Notice Procedures

WILMINGTON, Del. - A Delaware federal bankruptcy judge on April 14 authorized a creditors' committee in the Chapter 11 case of Energy Future Holdings Corp. (EFH) to hire an asbestos noticing expert to evaluate the debtor's proposed procedures for notifying asbestos personal injury claimants of a bar date for their claims (In re: Energy Future Holdings Corp., No. 14-10979, D. Del. Bkcy.).

Mealey's Bankruptcy - Creditors Hire Expert For Energy Future's Asbestos Claim Notice Procedures

WILMINGTON, Del. - A Delaware federal bankruptcy judge on April 14 authorized a creditors' committee in the Chapter 11 case of Energy Future Holdings Corp. (EFH) to hire an asbestos noticing expert to evaluate the debtor's proposed procedures for notifying asbestos personal injury claimants of a bar date for their claims (In re: Energy Future Holdings Corp., No. 14-10979, D. Del. Bkcy.).

Mealey's Bankruptcy - Allowed Asbestos Claims To Be Paid In Energy Future's Reorganization Proposal

WILMINGTON, Del. - Holders of allowed asbestos personal injury claims against Chapter 11 debtor Energy Future Holdings Corp. (EFH) will be paid in full for their claims, according to a plan of reorganization and disclosure statement filed by the energy company April 14 in Delaware federal bankruptcy court (In re: Energy Future Holdings Corp., No. 14-10979, D. Del. Bkcy.).

Mealey's Toxic Tort/Environmental - Halliburton Focuses On 'Irrelevant Details'; Class Status Proper, Residents Say

OKLAHOMA CITY - The Oklahoma residents who contend that they were injured from exposure to radioactive waste from a chemical plant operated by Halliburton Energy Services Inc. (HESI) on April 13 filed a brief in Oklahoma federal court contending that the company "loses the forest for the trees" in its opposition to class certification (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.).

Mealey's Toxic Tort/Environmental - California Federal Magistrate Judge Dismisses Dispute Over Slogan

SAN FRANCISCO - Allegations that the American Petroleum Institute (API) violated the Lanham Act when adopting "choose energy" as its slogan leading up to the November 2014 general election were rejected April 8 by a California federal magistrate judge (Choose Energy Inc. v. American Petroleum Institute, No. 14-4557, N.D. Calif.; 2015 U.S. Dist. LEXIS 46714).

Mealey's IP/Tech - California Federal Magistrate Judge Dismisses Dispute Over Slogan

SAN FRANCISCO - Allegations that the American Petroleum Institute (API) violated the Lanham Act when adopting "choose energy" as its slogan leading up to the November 2014 general election were rejected April 8 by a California federal magistrate judge (Choose Energy Inc. v. American Petroleum Institute, No. 14-4557, N.D. Calif.; 2015 U.S. Dist. LEXIS 46714).

Mealey's Litigation Procedure - Residents' Argument For Class Class Status Is 'Unavailing,' Halliburton Says

OKLAHOMA CITY - Halliburton Energy Services Inc. (HESI), which was sued by Oklahoma residents who contend that they were injured from exposure to radioactive waste from a chemical plant it operates, on April 6 filed a brief in Oklahoma federal court contending that the plaintiffs' motion for reconsideration of an order denying class certification is "unavailing" (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.).

Mealey's Toxic Tort/Environmental - Residents' Argument For Class Class Status Is 'Unavailing,' Halliburton Says

OKLAHOMA CITY - Halliburton Energy Services Inc. (HESI), which was sued by Oklahoma residents who contend that they were injured from exposure to radioactive waste from a chemical plant it operates, on April 6 filed a brief in Oklahoma federal court contending that the plaintiffs' motion for reconsideration of an order denying class certification is "unavailing" (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.).

Mealey's Insurance - Vermont High Court Majority Says Policy's Pollution Exclusion Is Not Ambiguous

MONTPELIER, Vt. - A majority of the Vermont Supreme Court on April 3 determined that an insurer's pollution exclusion is not ambiguous and applies to a spray foam insulation product that was discharged and allegedly caused an underlying claimant to experience respiratory problems (Cincinnati Specialty Underwriters Insurance Co. v. Energy Wise Homes Inc., et al., No. 14-165, Vt. Sup.; 2015 Vt. LEXIS 33).

New York High Court: Fracking Leases Not Extended By Moratorium

ALBANY, N.Y. - The New York Court of Appeals on March 31 ruled that oil and gas leases between residents and a hydraulic fracturing company were not extended because the force majeure clauses in those leases did not modify the primary term of the habendum clause, which the company had argued was triggered by the state's moratorium on fracking (Walter R. Beardslee, et al. v. Inflection Energy LLC, No. 44, N.Y. App.; 2015 N.Y. LEXIS 657).

Pennsylvania Municipality: Stay 'Valid' In Underground Injection Well Permit Case

PITTSBURGH - The Pennsylvania municipality sued by a hydraulic fracturing company challenging its ordinance prohibiting underground injection control (UIC) wells on March 25 filed a brief in the U.S. District Court for the Western District of Pennsylvania contending that the District Court should stay all proceedings until the fracking company obtains the proper permit for the creation and operation of its proposed UIC well (Pennsylvania General Energy Company LLC v. Grant Township, No. 14-209, W.D. Pa.).

Mealey's Toxic Tort/Environmental - Judge: Coal Companies Have Standing To Sue EPA Over Job Loss Evaluations

WHEELING, W.Va. - A federal judge in West Virginia on March 27 ruled that Murray Energy Corp. and a number of other underground coal companies have standing to sue the U.S. Environmental Protection Agency and its administrator for their failure to evaluate how enforcement of the Clean Air Act is affecting jobs in the industry (Murray Energy Corp., et al. v. Gina McCarthy, Administrator, U.S. Environmental Protection Agency, No. 14-CV-39, N.D. W.Va.; 2015 U.S. Dist. LEXIS 39130).

Mealey's IP/Tech - Magistrate Judge Sets Deadline For Discovery In Fracking Trade Name Dispute

COLUMBUS, Ohio - A federal magistrate judge in Ohio on March 24 ordered that discovery be completed no later than April 13 in a trade name dispute between an energy company and a hydraulic fracturing company that are competing in the same energy market. The energy company contends that the fracking company should be permanently enjoined from using the name and should be compelled to produce the leases it has with landowners (American Energy Corporation v. American Energy Partners, No. 13-00886, S.D. Ohio).