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All Volumes | Volume 85 | Issue 4

Consensus at Last: The Broadening of LUTPA Standing in Cheramie v. Shell Deepwater Production

Zachary I. Rosenberg | Note

The Louisiana Supreme Court held that although LUTPA protection extends beyond business competitors and consumers, the trial court correctly granted Shell’s motion for summary judgment because Cheramie did not meet its evidentiary burden in proving that Shell and Filco conspired against it. Cheramie Services, Inc. v. Shell Deepwater Production, Inc., 2009-1633 (La. 4/23/10); 35 So. 3d 1053.

 

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The Oil Pollution Act of 1990: A Glance in the Rearview Mirror

David A. Sump | Symposium
This Article recreates the state of oil pollution procedures and processes in 1989 and the mindset that existed among the legislators tasked with fixing a broken system. It will reveal the persons and events that shaped the single largest restructuring of pollution response in U.S. history. Finally, the Article will peek into the future and consider the impact of the Deepwater Horizon calamity on future revisions to the oil pollution response and compensation system. It is noted that this Article is not intended to be a comprehensive review of how OPA 90 was created or the content of its provisions. That [...]
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The Deepwater Horizon Rig Disaster: Issues of Personal Injury and Death

John W. deGravelles & J. Neale deGravelles | Symposium

On April 20, 2010, the mobile offshore drilling unit (MODU) Deepwater Horizon exploded and caught fire in the Gulf of Mexico. Eleven (11) workers were killed and seventeen (17) were injured. Three days later the rig sank, and millions of gallons of oil escaped into the Gulf of Mexico until the well was finally capped on July 15, 2010.

Numerous lawsuits followed seeking compensation for the personal injuries and deaths as well as for property, business, and natural resource damages caused by the explosions, fire, and spill. These cases have been consolidated in the United States District Court for the [...]

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Odd Men In: The Fascinating Legal Kinship of Scotland and Louisiana

Shael Herman | Book Review

Conscientious scholarly exploration of a burgeoning family of mixed jurisdictions dates from 1958. Visiting Louisiana law faculties in that year, a Scots law professor, Sir Thomas Brown Smith, urged comparison of Scotland’s legal system with that of Louisiana as “a means of overcoming the perils of isolation and steady assimilation by the Common Law.” Spurred by Smith’s lectures, scholars in time classified over a dozen hybrid systems into a “third legal family,” featuring a blend of civilian and common law influences. The private laws in a number of these jurisdictions (for example, Louisiana, Quebec, and Puerto Rico) were enshrined in a civil [...]

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Decision By Recusal: Comer v. Murphy Oil USA Let’s Naysayers and Disqualified Judges in the Fifth Circuit Determine the Outcome of a Case Without a Hearing

Alex B. Rothenberg | Note

The United States Court of Appeals for the Fifth Circuit held that disqualified judges must be counted to determine the number of judges required for a quorum; because half the judges could not participate due to recusal and one vacancy, the court could no longer hear the case en banc, nor could they reinstate the earlier panel decision. Comer v. Murphy Oil USA, 607 F.3d 1049, 1055 (5th Cir. 2010).

 

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Proving Natural Resource Damage Under OPA 90: Out with the Rebuttable Presumption, in with the APA-Style Judicial Review?

Craig H. Allen | Symposium

In the aftermath of the Deepwater Horizon oil spill of 2010, President Obama urged Congress to amend the natural resource damage provisions of the Oil Pollution Act of 1990 to replace the rebuttable presumption of validity the law presently accords to damage assessments by the designated natural resource trustees that were conducted in accordance with regulations promulgated by the National Oceanic and Atmospheric Administration with the standard of judicial review prescribed by the Administrative Procedures Act (APA). Although the House of Representatives passed such an amendment in 2010, the Senate failed to act on the amendment before the 111th congressional [...]

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Beyond Profit: Rethinking Corporate Social Responsibility and Greenwashing After the BP Oil Disaster

Miriam A. Cherry & Judd F. Sneirson | Symposium

The explosion of the BP-leased Deepwater Horizon and subsequent oil spill stand as an indictment not just of our national energy priorities and environmental law enforcement; they equally represent a failure of Anglo-American corporate law and what passes for corporate social responsibility in business today. Using BP and the disaster as a compelling case study, this Article examines green marketing and corporate governance and identifies elements of each that encourage firms to engage only superficially in corporate social responsibility yet trumpet those efforts to eager consumers and investors. This Article then proposes reforms and protections designed to increase corporate social [...]

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Deepwater Horizon: Removal Costs, Civil Damages, Crimes, Civil Penalties, and State Remedies in Oil Spill Cases

Robert Force, Martin Davies, & Joshua S. Force | Symposium

What is the current scheme in the United States for dealing with oil pollution? This Article examines the question from several perspectives. These include the basic liability regime, including removal costs and damages. OPA has gone further than any other statute in providing for both public and private remedies. The discussion will cover the basis for liability, parties responsible for paying removal costs and damages, defenses to liability, damages recoverable by governmental entities and private parties, limitation of liability, including loss of the right to limit, insurance, and other forms of financial responsibility. This Article will briefly address the claims procedure, [...]

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  • Directory

    • All Volumes
      • Volume 87
        • Issue 1
        • Issue 2
        • Issue 3
      • Volume 86
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
      • Volume 85
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5 & 6
      • Volume 84
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6

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