76 results for 'cat:"Energy" AND cat:"Contract"'.
J. King grants the gas company's motion to amend its complaint that the county denied the gas company's request for reconsideration even though the gas company expressed concerns about how the approved renewal permit would "have a material adverse impact on BEW, and, if implemented by the County, would effectively deprive BEW of the lawful use of its property.” The gas company may add its Section 1983 claim, which alleges that that the county violated due process by not giving the gas company notice of the application for a renewed industrial wastewater discharge permit, because the county does not show how the gas company's alleged failure to exhaust makes the claim futile.
Court: USDC Western District of Washington, Judge: King, Filed On: May 3, 2024, Case #: 2:23cv542, NOS: Other Contract - Contract, Categories: energy, contract
J. Brown finds that the district court properly determined that a gas supplier breached its industrial gas supply contract with a chemical manufacturer and properly awarded $88 million in lost profits. The manufacturer's counsel maintained that he could prove to the jury that the damages claim for lost profits and cover damages were valued at $100 million, and the district court used the proper model for calculating damages. Further, the manufacturer shows that there were lost sales due to the breach of contract based on testimony and evidence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: April 19, 2024, Case #: 2022-CA-0777, Categories: energy, Damages, contract
J. Jensen dismisses an appeal from a district court order and judgment in favor of a company concerning the calculation of nonparticipating royalty interest. A final judgment resolving all of the underlying claims has not been entered in the district court and the matter is therefore dismissed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: April 19, 2024, Case #: 2024ND68, Categories: energy, contract
J. Agee finds the lower court improperly interpreted the plain text of the decree. Environmental protection groups sued a now-defunct coal corporation for violating the Clean Water Act. They negotiated a consent decree that significantly limited the corporations' surface mining operations in Central Appalachia and required the company to reclaim its mining sites—that is, to return the mined land to a usable state. The new owner attempted to allow third parties to surface mine at the original corporation's facility to raise funds after inheriting the bankrupt coal corporation. The lower court found this violated the decree, but the decree only applies to the original corporation and does not bar others from using the land as they please. Vacated.
Court: 4th Circuit, Judge: Agee, Filed On: April 17, 2024, Case #: 23-1696, Categories: energy, Environment, contract
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J. Cox finds that the trial court should not have granted a temporary restraining order to prevent the defendant pipeline operator from constructing a
perpendicular pipeline under plaintiff's pipeline. The plaintiff's servitude did not state that it could prohibit underground crossings. A crossing pipeline that meets applicable spacing, depth separation limits, and other protective requirements is not certain to damage, destroy, injure, or interfere with plaintiff's pipeline. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: April 10, 2024, Case #: 55,534-CA, Categories: energy, Restraining Order, contract
J. Fallon denies summary judgment to an oilfield service cleaning business on its failed argument that Louisiana law, not general maritime law, applies to its contractual dispute with an oil and gas exploration company. Maritime law applies to contractual indemnity provisions when the contract is a maritime contract. Therefore, under its master services agreement, the cleaning business must indemnify both an oil and gas exploration company and the owner of a movable jack-up rig in an injury action against the cleaning company's worker arising from a crane-related accident aboard the rig on the Outer Continental Shelf of the Gulf of Mexico.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: April 4, 2024, Case #: 2:23cv78, NOS: Marine - Contract, Categories: energy, Choice Of Law, contract
J. Mendez finds that the lower court properly awarded the natural gas purchaser $9.6 million after the gas seller violated a contract to deliver 50,000 MMBtu of gas per day during Winter Storm Uri, including a buyback agreement that contemplated weather risks that would make it unfeasible for the supplier to meet the demands of the contract. There is no evidence to support the seller's claim that the purchaser accepted cancellation of the buyback agreement other that its witness' self-serving testimony. Affirmed.
Court: New York Appellate Divisions, Judge: Mendez, Filed On: April 2, 2024, Case #: 01779, Categories: energy, contract
J. Scholer allows a petroleum vendor’s claims of constructive fraud to proceed in a case in which defendant continued to advance a client funds to purchase petroleum products despite defendant’s knowledge of the client’s inability to pay. The client filed for bankruptcy and the vendor now seeks payment for the petroleum product from defendant because Oklahoma’s Oil and Gas and Lien Act allows hydrocarbons to be sold with a lien on the proceeds from the sale of the product.
Court: USDC Northern District of Texas , Judge: Scholer, Filed On: March 29, 2024, Case #: 3:23cv525, NOS: Other Contract - Contract, Categories: energy, Fraud, contract
J. Lynn denies, in part, JPMorgan's motion for summary judgment on a wind farm's contract claim. There is a question of fact whether JPMorgan improperly declared a default and sought foreclosure.
Court: USDC Northern District of Texas , Judge: Lynn, Filed On: March 28, 2024, Case #: 2:21cv37, NOS: Other Contract - Contract, Categories: energy, Banking / Lending, contract
J. Kleeh denies the family business's but grants the hydrocarbon exploration company's cross motions for summary judgment in a breach of contract suit claiming the company failed to properly pay oil and gas royalties in Doddridge County. Since the business does not own the interests in the three leaseholds specified in count two of its complaint, the court finds there is no enforceable contract between it and the company.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 28, 2024, Case #: 1:22cv1, NOS: Other Contract - Contract, Categories: energy, Property, contract
J. Kleeh partially dismissed a class action between a family partnership that owns mineral royalty interests and the operator of some of those oil and gas estates. Two of the family partnership’s counts are dismissed because the portions of state law they reference do not create a cause of action, and two other counts are barred by the “Gist of the Action” doctrine. The class allegations are sufficiently argued, as are the claims for attorney fees and punitive damages, so they survive the motion to dismiss.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 26, 2024, Case #: 1:22cv1, NOS: Other Contract - Contract, Categories: energy, Class Action, contract
J. Delaney finds that the trial court properly permitted an attorney to withdraw from a case involving windfall profits generated from the resale of oil extraction leases and allowed reasonable time for appellants to obtain new council. The trial court also properly granted summary judgment to the community development corporation because appellant’s response did not provide evidence that is acceptable for consideration by the court.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: March 22, 2024, Case #: 2024-Ohio-1034, Categories: Corporations, energy, contract
[Consolidated.] J. Eagan denies the plaintiff company's motion for partial summary judgment and grants the defendant company's cross-motion in this dispute over the propriety of certain fees under the Oklahoma Production Revenue Standards Act. The plaintiff company, which is an Oklahoma well operator, may not charge the defendant company certain maintenance fees "based on the unambiguous terms of the parties' contracts."
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: March 4, 2024, Case #: 4:20cv592, NOS: Other Contract - Contract, Categories: energy, contract
J. Kleeh grants the hydrocarbon exploration company's partial motion to dismiss the three oil and gas lessees' first amended complaint accusing the company of improperly deducting the costs or expenses from their royalties, and falsely reporting to the West Virginia Department of Environmental Protection no production of natural gas liquids. The court dismisses in their entirety the counts for fraudulent misrepresentation and violation of state law requiring producers to provide lessees certain production information on their royalty statements, due to the lessees' failure to notify the company of the possible violation via certified U.S. Mail prior to filing suit.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: February 26, 2024, Case #: 1:22cv56, NOS: Other Contract - Contract, Categories: energy, Fraud, contract
Per curiam, the appellate division finds that the lower court properly denied Con Edison's motion to dismiss a counterclaim for an accounting in a breach of contract action seeking money damages allegedly owed to Con Edison. The accounting was a reasonable request to determine the amount owed. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 15, 2024, Case #: 00800, Categories: energy, contract
J. Golemon finds the county court properly found for a mineral processor in an interlocutory appeal arising from a contract formation dispute involving how the processor requested the equipment provider submit its proposal for an equipment sale. The processor’s purchase orders do not incorporate the provider's proposals and attached terms and conditions. The processor is not bound by the terms and conditions that include a waiver of damages. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 15, 2024, Case #: 09-23-00028-CV, Categories: energy, Damages, contract
J. Longoria finds that the lower court improperly granted nonsuit without prejudice on the wrongful injunction counterclaim. The dismissal should have been with prejudice, as the appellees effectively waived the counterclaim. Accordingly, the court renders judgment that they take nothing on the claim. Reversed in part.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: February 8, 2024, Case #: 13-22-00096-CV, Categories: energy, contract, Injunction
J. Cohen finds that the utility commission properly approved a contract purchasing renewable natural gas from out-of-state for greenhouse gas reduction requirements. The commission's findings are supported by the evidentiary record and did look into all alternatives for the least expensive planning. Affirmed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: January 12, 2024, Case #: 23-AP-084, Categories: energy, Evidence, contract
J. Kinkeade denies, in part, a Mexican company's motion to dismiss claims arising from its alleged failure to pay for leased oil and gas drilling equipment, and its later encumberance of that equipment. It fails to show the claims predicated on its failure to make payments or return the equipment were untimely filed.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: January 10, 2024, Case #: 3:23cv678, NOS: Other Contract - Contract, Categories: energy, contract
J. Robinson finds that the trial court properly dismissed some of a landowner's claims against a mineral leaseholder related to significant postproduction of oil and gas well costs charged against a mineral royalty. In this case, one of the well operator's charges for postproductions costs are not permitted deductions because the charges were not incurred from an unaffiliated third party since, at the time, the well operator was a lease holder affiliate. Therefore, there is a genuine issue of material fact concerning the beneficial interest element of the charges. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: December 20, 2023, Case #: 55,301-CA, Categories: energy, Evidence, contract
[Consolidated.] J. Fitzgerald finds that the trial court properly dismissed the contract claims of the non-operating working interest owner and its insurer and taxed them costs in litigation stemming from the "blowout of an oil well in Lasalle Parish" in 2014. There was no error in the instructions given to the jury to decide whether the well operator and its agent breached their contractual obligations. Also, there was no abuse of discretion in the costs awarded. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: December 20, 2023, Case #: CA-23-265, Categories: energy, Jury, contract
J. McEvers finds that the district court improperly entered a judgment of dismissal after an order granting Statoil Oil & Gas’s motion for summary judgment concluded a dispute of title allowed Statoil to suspend royalty payments. The lower court incorrectly determined that the action was barred by a statute of limitations. Reversed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: December 15, 2023, Case #: 2023ND235, Categories: energy, contract
J. Carney finds that the district court properly found for an electricity provider in class claims alleging deceptive business practices. Lead plaintiff's estate alleged the competitive rates that had been promised were actually higher than that charged by the local incumbent utility, but the consumer received what had been offered under the plain terms of the contract. Affirmed.
Court: 2nd Circuit, Judge: Carney, Filed On: December 13, 2023, Case #: 22-1026, Categories: energy, Class Action, contract