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Insights

Sixth Circuit Fans the Flames of Class Certification Against Operators

I have written previously about class certification in the oil patch. Frequently the emphasis is around whether the putative class can satisfy Rule 23's commonality and predominance requirements. The recent trend has been toward troubling developments […]

Thomas G. Ciarlone Jr.

Rule-of-Capture Showdown: Pennsylvania v. Texas

Last year, I wrote about Pennsylvania's departure from Texas on the law surrounding trespass by hydraulic fracturing. As first stated in Coastal Oil & Gas Corp. v. Garza Energy Trust, 268 S.W.3d 1 (Tex. 2008), trespass claims for drainage by […]

Thomas G. Ciarlone Jr.

Podcast: Royalty Underpayment Class Actions; Duties of the Mineral Executive; and Anti-Pooling Clauses

In the latest episode of our energy law podcast, we discuss troubling developments at the intersection of class actions and consumer protection laws in royalty underpayment cases; the Texas Supreme Court's latest pronouncements on the duties of executive […]

Thomas G. Ciarlone Jr.

Failure to Launch: Eminent Domain Breaks Down in the Texas Legislature

Eminent domain proceedings in Texas are a complex process governed by multiple constitutions, laws, and regulations.[1] Through this process the Texas government, its agencies, and authorized private entities acquire land to advance initiatives relating […]

Worker Need Not Disclose FMLA Leave Return Date

An employee did not fail to provide essential information regarding the duration of her leave under the Family and Medical Leave Act (FMLA) when the employee did not herself know how long the leave would be, the 7th U.S. Circuit Court of Appeals held […]