False Claims Act Insights - The Mathematics of Nuclear FCA Verdicts
Bar Exam Toolbox Podcast Episode 316: Spotlight on Torts (Part 1 – Negligence)
The Future of Litigation: Adapting to the Era of Nuclear Verdicts
The Impact of the Horn Case on RICO - RICO Report Podcast
Law School Toolbox Podcast Episode 497: Listen and Learn -- Incidental, Reliance, and Restitution Damages (Contracts)
Podcast - Ohio State Senator Has a Bone to Pick with Court Ruling on Boneless Wings
False Claims Act Insights - Assessing the Fallout from a Thermonuclear FCA Verdict
3 Key Takeaways | What Corporate Counsel Need to Know About Patent Damages
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years
Supreme Court to Settle Circuit Split Regarding RICO Damages Arising From Personal Injuries — RICO Report Podcast
RICO Damages — RICO Report Podcast
(Podcast) The Briefing: How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
The Briefing; How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
Using Expert Witnesses in FCRA Cases - FCRA Focus
#WorkforceWednesday: How to Pursue Damages in Trade Secrets Litigation - Employment Law This Week® - Spilling Secrets Podcast
How Do You Measure The Economic Value of Ecosystems?
Podcast: Discussing Florida Tort Reform with William Large and Tiffany Roddenberry
6 Key Takeaways | Presenting Damages in International Arbitration
A recent ruling by the Higher Regional Court of Hamm dismissed a plaintiff’s individual claim for climate damages but established a legal precedent with significant implications for energy companies operating in Germany:...more
$180M oil case lost when Apollo refused to fix expert's flawed damages model. Without expert testimony meant no damages recovery in technical fields. In Apollo Exploration, LLC v. Apache Corporation, No. 11-19-00183-CV, 2025...more
The Tyler Court of Appeals reversed a $2.5 million judgment against pipeline successors (Coffeyville Resources Crude Transportation, LLC v. ExxonMobil Pipeline Co., No. 12-23-00276-CV, 2025 WL 356222 [Tex. App.—Tyler Jan. 31,...more
Dow Construction, LLC v. BPX Operating Company resolved a bundle of issues arising out of a drilling unit established by the Louisiana Commissioner of Conservation: who has the right to a drilling cost report, the operator’s...more
In this case, Texas Crude Energy, LLC (Texas Crude) and Warwick-Athena, LLC (Warwick) (collectively, the non-operators) sued Burlington Resources Oil & Gas Co., LP (Burlington or the operator) after Burlington refused to...more
This Article examines legal damages in the oil and gas industry. More specifically, this Article identifies the rules for measuring common legal damages in oil and gas cases. Further, this Article seeks to identify all...more
In Franklin v. Regions Bank the Fifth Circuit concluded that a royalty clause in a mineral lease resulted in a gross proceeds royalty; the royalty owners did not bear their proportionate share of post-production costs. Read...more
When can a Texas court rule on New Mexico property disputes? The answer hinges on whether the property interest is 'central' or just 'incidental' to the real fight....more
When your neighbor's wastewater tanks your oil wells, when exactly can you sue? A Texas court wrestles with a timing question reshaping industry battles....more
In American Midstream (Alabama Intrastate), LLC v. Rainbow Energy Marketing Corporation, the Texas Supreme Court held that the trial court improperly inserted the words “scheduled” and “physical” into a contract. By...more
Thought you’d heard the last of force majuere cases arising from Winter Storm Uri? Think again. In Marathon Oil Company v. Koch Services LLC. the question was how to measure damages suffered by Koch for Marathon’s...more
This past week, in EOG Resources, Inc. v. Lucky Land Management, LLC, 2025 U.S. App. LEXIS 8738, the U.S. Court of Appeals for the Sixth Circuit reversed the decision of the district court granting a preliminary injunction...more
Dans Roy Flowers v. Persist Oil and Gas Inc., la Cour du Banc du Roi de l’Alberta (la « Cour ») a prononcé une injonction permanente interdisant à la défenderesse d’exploiter une entreprise de minage de bitcoins parce que le...more
A Peruvian farmer's climate action lawsuit against a German energy company was continued recently before the Higher Regional Court in Hamm, Germany....more
In a landmark decision, a North Dakota jury has ordered Greenpeace to pay over $660 million in damages to Energy Transfer, the company behind the Dakota Access Pipeline (DAPL). This verdict stems from Greenpeace’s involvement...more
In Roy Flowers v. Persist Oil and Gas Inc., the Court of King’s Bench of Alberta issued a permanent injunction precluding the defendant from operating a Bitcoin mining operation, based on the failure of the underlying lease...more
DALF Energy, LLC v. GS Oilfield Services addresses a fiduciary’s deceptive actions in oil and gas transactions. The Fifth Circuit held: self-dealing may constitute a breach of fiduciary duty even when the principal is...more
Last week we were lucky enough to attend the Institute of Energy Law’s 23rd Annual Energy Litigation Conference in Houston, TX, and hear its unique collection of industry professionals exchange insights and address some of...more
Briggs v. Southwestern Energy Production Company, LLC is good news for Pennsylvania mineral owners bringing claims for subsurface trespass by fracking. In 2018 in “Briggs 1”, the Briggs family sued SWN for subsurface...more
Landowner and mineral owner (that includes you, lessee): Under ETC Texas Pipeline, Ltd. v. Ageron Energy, LLC, your right to sue for damages for tort or trespass could pass into history before you even know you have a claim....more
Most states call it a third-party beneficiary contract. Leave it to Louisiana to be different. In Adams v. Chevron USA Inc., the plaintiffs claimed that oilfield pipe-cleaning activities of Chevron and others contaminated...more
On September 15, 2023, California filed a lawsuit against the major oil companies, presenting claims under a variety of theories, including public nuisance and false advertising. This lawsuit is similar to ones filed by...more
Oregon’s most populous county, and home to Portland, sued more than a dozen oil, gas, and coal companies for over $50 million in damages related to a 2021 “heat dome” the county alleges was caused by the defendants’...more
Since 2017, a number of state government entities from cities, counties, and states across the country have gone after fossil fuel companies in court charging them with violating state law by marketing their products as not...more
Today, the Supreme Court denied the writ of certiorari filed by the major oil companies in a pair of significant climate change cases. Specifically, the fossil fuel companies had sought review of a decision by the Third...more