Pipelines: Gas Line Leak Court Jurisdiction, Procedure and Review: Res Judicata; Collateral Estoppel

摘要

Duke owns and operates a gas pipeline that runs through Valley View's 450-acre ranch in Oklahoma. In October 2003, Valley View observes a pipeline leak and notifies Duke. In January 2004, after obtaining the appropriate permits to conduct a subsurface investigation, Duke notifies Valley View that it intends to install monitoring wells on the property pursuant to a claimed easement interest. However, Valley View denies Duke's contractors access to the property. The next day, Duke files an action in the state district court (the state suit) seeking injunctive relief. Duke obtains a temporary restraining order against Valley View preventing Valley View from interfering with Duke's intended operations on the property. On February 25, 2003, prior to answering the state court complaint, Valley View files an action in federal district court (the federal suit) against Duke seeking damages based on the gas line leak under the theories of trespass, nuisance, and unjust enrichment. Two days later, Valley View files answers in the state suit but does not assert any counterclaims.