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 courts in the state and federal systems.  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

Brian defends companies in personal injury cases filed under the Jones Act, maritime law, state law, products liability, and toxic tort lawsuits.  In the environmental field, Brian defends oil and gas companies in legacy suits seeking damages for oilfield contamination and in coastal loss cases.

A sample of recent contractual and property matters Brian has handled include: 

  • 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
  • Defending an oil company against claims for servitude termination resting on navigability issues
  • Assisting an operator in responding to royalty demands and negotiating the claims
  • Enforcing a lien under the Louisiana Oilfield Lien Act for non-operating lease holder
  • Defending a manufacturer against claims for breach of warranty and redhibition 

Experience

Recent matters include: 

  • 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 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
  • 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

Recognition

  • The Best Lawyers in America, 2019
  • Named a "Rising Star" of Louisiana Super Lawyers, 2014-2018
Best Lawyers Award Badge
                           
 
                               Brian W. Capell
Selected in 2018
Thomson Reuters 

After Hours

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