Fisker Automotive Holdings Inc. won approval for its disclosure statement Tuesday, after unsecured creditors assured a Delaware bankruptcy judge they were on board with the shuttered car maker's high-speed agenda to wrap up a sale and Chapter 11 plan just after New Year's.
The Second Circuit on Tuesday upheld the dismissal of a lawsuit challenging the $13 million annual state tax levy imposed on Vermont's largest nuclear plant operator, saying the Tax Injunction Act does not allow the federal courts to meddle in state tax matters.
A Texas jury hit a subsidiary of Nuverra Environmental Solutions Inc. with a $281 million judgment on Thursday after finding a drive shaft had broken off a poorly maintained truck owned by the oil field service company, causing a man’s death.
A German engineering firm will pay $32 million to resolve allegations it breached the Foreign Corrupt Practices Act by bribing Nigerian government officials in an effort to score a $387 million natural gas pipeline contract, federal officials announced Monday.
The parent of Massey Energy Co. agreed to pay $265 million to settle a class action alleging Massey misrepresented its safety record to inflate stock prices, which plummeted following the worst U.S. mining disaster in more than 40 years, Massachusetts officials announced Monday.
Texas and six other states were permitted to intervene Friday in a federal lawsuit that will set a deadline for the U.S. Environmental Protection Agency to determine which areas of the country don’t comply with a critical part of its sulfur dioxide emissions standards for power plants and other sources.
A New York state judge has thrown out a proposed class action involving a prominent real estate developer that alleges Hess Corp. breached customer contracts by delivering tainted heating oil to New York City buildings, finding that plaintiffs failed to sufficiently allege they suffered a discernible injury.
A Texas federal judge denied class certification for investors facing losses in the aftermath of BP PLC's Deepwater Horizon rig explosion in 2010, after determining Friday that the investors' damages calculation was too murky to earn certification in light of a recently bolstered standard from the U.S. Supreme Court.
Opponents of New York’s participation in a multistate cap-and-trade initiative were too late in bringing claims that the program unlawfully imposed a tax on energy by executive fiat, a state appeals court ruled Thursday.
The D.C. Circuit overturned Tuesday a Federal Energy Regulatory Commission decision to allow the transfer of certain energy transmission facilities from one regional transmission organization to another, calling the decision arbitrary and capricious.
The Ninth Circuit on Wednesday shut down a bid by Malaysia’s national oil company to revive its trademark infringement suit against Internet domain registrar GoDaddy Inc., finding that the Internet domain registrar can’t contribute to so-called cybersquatting simply by performing its regular services.
The Second Circuit on Wednesday denied efforts by Consolidated Edison Co. to blame the destruction of a power substation on the contractors who designed 7 World Trade Center, saying the collapse could not be blamed on negligence alone given the unprecedented havoc of the 9/11 attacks.
The Sixth Circuit on Tuesday rebuffed an industry plea to prevent the U.S. Mine Safety and Health Administration from enforcing its revised rule cracking down on safety issues in the nation's most dangerous mines, saying mine operators haven't shown they'll be irreparably harmed by the rule.
The Second Circuit on Tuesday revived a proposed Telephone Consumer Protection Act class action against an energy supply firm, ruling that a U.S. Supreme Court decision from January 2012 allows such suits to be brought in New York federal court.
The Fifth Circuit on Monday granted BP PLC's request to stop additional Deepwater Horizon settlement payments to businesses and individuals claiming property and economic loss from the spill, ruling that the federal judge overseeing the multidistrict litigation must examine how the claims administrator determines causation.
Nuclear power developer Blue Castle Holdings Inc. won its bid to keep the rights to take water from Utah’s Green River for a proposed $18 billion plant, with a Utah judge ruling Wednesday that the state engineer had properly approved the company’s application for appropriation of water.
One of several defendants in litigation in New York federal court brought by New Jersey's environmental regulator over water contamination by a gasoline additive has agreed to pay more than $2 million to settle liability claims for past cleanup and removal costs, according to a notice in the state Register on Monday.
The Pennsylvania Superior Court ruled Wednesday that lessors of oil and gas rights to drillers cannot be forced to divide their statutorily defined royalty payments under the state's Guaranty Minimum Royalty Act to pay some of the money back to the lessee.
The Pennsylvania Supreme Court on Tuesday declined to hear a case in which a couple sought to terminate their agreement with a natural gas driller because it failed to meet its responsibility to drill for gas in the Marcellus Shale formation underlying their property.
The Ninth Circuit on Monday shot down the Moapa Band of Paiutes and Sierra Club’s bid to sink Nevada Power Co.’s plan to expand its coal combustion waste disposal capabilities, finding the U.S. Bureau of Land Management’s environmental analysis adequate.
The first criminal case ever prosecuted under the Migratory Bird Treaty Act against Duke Energy reinforces the importance of developing voluntary compliance mechanisms in cooperation with the U.S. Fish and Wildlife Service to reduce bird mortality — and raises the possibility that more enforcement actions could be on the horizon, say attorneys with Perkins Coie LLP.
Under the new Texas Uniform Trade Secrets Act, there is no reason to expect any less protection for technical and economic information useful in oil and gas exploration and production. A comparison of the factors Texas courts have been using to determine if a trade secret exists and the new statutory definition reveals substantial overlap, say Steve Borgman and David Tobin of Vinson & Elkins LLP.
With a close decision on the question of cap and trade auctions as a tax and at least one appeal of the recent Sacramento Superior Court judgment likely, the fight over the California cap and trade program is far from over. Other states are closely observing legal challenges to California's sweeping AB 32 program and assessing its effectiveness and economic impact, say attorneys at Stoel Rives LLP.
In light of the proposed e-discovery amendments to the Federal Rules of Civil Procedure, businesses need to set themselves up to efficiently respond to discovery and requests for information from their counsel by implementing and following document-control policies as part of normal business practices. The failure to do so will eventually consume vast amounts of employee time, say Steven Cvitanovic and Colin Murphy of Haight Brown & Bonesteel LLP.
Recently, the California Department of Conservation, Division of Oil, Gas & Geothermal Resources issued two key documents relating to hydraulic fracturing. Of keen interest is whether these new rules will permit development of the Monterey Shale in a manner that is competitive with the development of oil reserves elsewhere — or whether government involvement will delay development of the world’s largest, deep shale-oil play, say attorneys at Latham & Watkins LLP.
Before a landowner grants an oil & gas lease to a lessee, he should carefully consider some key provisions to protect himself and to maximize economic benefit. For example, always make sure the provisions do not permit the primary term of the lease to extend beyond the stated period absent production, drilling or other operations, say attorneys at Greenberg Traurig LLP.
The U.S. Securities and Exchange Commission has generally not concerned itself with improper conduct involving embargoed countries. But the SEC’s complaint in the recent Weatherford International Ltd. case suggests that the agency takes the position that inaccurate accounting of transactions with embargoed countries can result in violations of the Exchange Act, say attorneys with Ropes & Gray LLP.
A recent Federal Energy Regulatory Commission order will permit Rockies Express Pipeline to enter into transactions to transport shale gas east to west within its easternmost zone without triggering a rate reduction for its foundation and anchor shippers. Rockies Express’ ability to enter into such transactions will provide a new source of gas supply for Midwestern markets and an attractive outlet for Marcellus and Utica production, say attorneys with Van Ness Feldman LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
In addition to continued headline-grabbing litigation involving pharmaceutical companies in the wake of PLIVA Inc. v. Mensing, 2013 brought a number of important cases informing everything from class certification questions and product labeling trends to False Claims Act liability and fracking disputes, say attorneys at Weil Gotshal & Manges LLP.