Citing Lack Of Overlap, Louisiana Court Says Contamination Claims Require Separate Trials

摘要

Claims filed by a landowner against several companies that leased oil and gas rights involving contamination at five non-contiguous tracts cannot be tried together under Louisiana law, a Louisiana appeals court ruled Dec. 11 (Broussard v. Hilcorp Energy Co., La. Ct. App., No. 08-233, 12/11/08).rnUpholding a trial court ruling, the Court of Appeals of Louisiana said the actions were improperly cumulated because the claims "do not all share a community of interest."rnThe appeals court, however, found that the trial court erred when it dismissed the claims for lack of subject matter jurisdiction. The appeals court said the plaintiff had no obligation to seek relief from an administrative agency before filing suit.