Brian Capell
Brian
Brian W. Capell
Shareholder, Lafayette
822 Harding Street
P.O. Box 52008
Lafayette, Louisiana 70503

Overview

Brian Capell is a litigator.  He has experience in trial and appellate proceedings throughout the state and in federal courts.  Many of his clients come from the energy industry, but the array of topics he has litigated are broad.  He defends companies against personal injury and environmental claims and represents companies in contractual disputes and property matters.

Recent litigation matters Brian has handled include:

  • Led a defense team to a trial verdict in a case where a tenant sued an apartment complex seeking damages from mold exposure 
  • The successful defense, through argument at the United State Fifth Circuit Court of Appeal, of claims for royalty payments made by a non-participating owner under Louisiana’s Risk Fee Statute
  • Obtaining a dismissal of an injunction sought by an employee against a drug testing company for an alleged false positive drug test
  • Obtaining summary judgment dismissal of personal injury claims against an operator based on the independent contractor defense and a lack of evidence supporting negligence
  • The successful defense, through argument at the Louisiana Second Circuit Court of Appeal, of claims regarding termination of a mineral servitude
  • Obtaining summary judgment on behalf of two operating companies against claims brought by a geologist seeking an overriding royalty interest
  • Assisting in the successful trial and appellate defense against claims by an injured worker under the Jones Act and for Maintenance and Cure
  • Obtaining dismissal of benzene exposure claims brought by a truck driver against a client who operated production facilities
  • The defense of a manufacturer against numerous claims for breach of warranty and redhibition 
  • Enforcing a lien under the Louisiana Oilfield Lien Act for non-operating lease holder
  • Defending multiple companies in Legacy litigation and coastal zone lawsuits

Brian’s clients also seek his advice when they are attempting to avoid litigation.  Recent matters where Brian has assisted his clients in avoiding litigation include: 

  • Representing operators in regulatory disputes with the Department of Natural Resources regarding compliance orders
  • Guiding an operator through negotiations stemming from allegations of a failure to produce in paying quantities
  • Representing a client in a Participation Agreement dispute regarding the timely spudding of a well and claims for repayment of advanced costs
  • Assisting an operator in responding to royalty demands and negotiating the claims
  • Negotiating on behalf of a non-operating interest owner in a JOA dispute regarding well costs

Recognition

  • Acadiana Profile "Top Lawyer" in Commercial Litigation and Energy Law, 2020
  • The Best Lawyers in America, 2019-2021
  • Louisiana Super Lawyers "Rising Star", 2014-2021

Best Lawyers Award Badge

Acadiana Profile Top Lawyer 2020

Brian W. Capell
Rated by Super Lawyers


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After Hours

“Most of my free time is spent with my wife, daughter, and son, and my hobbies consist of outdoor activities, including water skiing, hunting, fishing, and golfing.”