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Brian Capell
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BRIAN CAPELL

Shareholder

,
Lafayette
T  337.267.2368
bwcapell@liskow.com
Connect with me
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Practices

  • Energy – Litigation
  • Environmental – Regulatory & Litigation

Blogs

  • The Energy Law Blog - Brian Capell

Assistant

Melinda Manuel

337.267.2356

“My approach to any litigation starts with identifying specific needs of a particular client. A family-owned company is going to have different needs than a large corporation. Similar companies will have different needs based on the individuals involved. While I always strive for the best result, a successful defense, the path to that result will vary depending upon the unique aspects of each client.”  

Overview

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

Much of Brian’s practice includes representing energy clients in joint operating agreement disputes. Brian works with major oil and gas companies as well as local operators.

Talks about

#joadisputes #energylitigation #legacylitigation #environmental #landlosslitigation

Highlights

Recognition

Best Lawyers “Lawyer of the Year” in Energy Law, 2022

LOTY Logo for Brian W. Capell

Insight

“Louisiana Third Circuit Affirms that LDNR Can Only Recover Emergency Response Costs Under La. R.S. 30:93(A)(4) from the Operator of Record and its Working Interest Owners”

Notable Experience

Energy Litigation

  • The successful defense, through argument at the Louisiana Second Circuit Court of Appeal of claims regarding termination of a mineral servitude
  • 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 on behalf of two operating companies against claims brought by a geologist seeking an overriding royalty interest
  • Enforcing a lien under the Louisiana Oilfield Lien Act for non-operating lease holder
  • Defending multiple companies in Legacy litigation and coastal zone lawsuits

Commercial Litigation

  • Led a defense team to a trial verdict in a case where a tenant sued an apartment complex seeking damages from mold exposure
  • Obtaining a dismissal of an injunction sought by an employee against a drug testing company for an alleged false positive drug test
  • The defense of a manufacturer against numerous claims for breach of warranty and redhibition

Personal Injury

  • Obtaining dismissal of benzene exposure claims brought by a truck driver against a client who operated production facilities
  • Obtaining summary judgment dismissal of personal injury claims against an operator based on the independent contractor defense and a lack of evidence supporting negligence
  • Assisting in the successful trial and appellate defense against claims by an injured worker under the Jones Act and for Maintenance and Cure

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

Involvement

  • Louisiana Oil & Gas Association - Member
    • Regulatory Affairs - Committee Member

Recognition

  • Best Lawyers® "Lawyer of the Year," 2022 
  • The Best Lawyers in America®, 2019-2025
  • Louisiana Super Lawyers "Rising Star," 2014-2022, "Super Lawyers," 2024-2025
  • Acadiana Profile "Top Lawyer" in Energy Law, 2020-2022, 2024-2025
  • Acadiana Profile "Top Lawyer" in Commercial Litigation, 2020 
  • CALI Excellence Award 
  • Louisiana State Bar Association Environmental Law Essay First Place Award 

 

LOTY Logo for Brian W. Capell

Credentials

Education

  • Louisiana State University, Paul M. Hebert Law Center (J.D./D.C.L., magna cum laude, 2009)
    • Order of the Coif
    • Louisiana Law Review
  • Louisiana State University - Shreveport (B.S., 2005)

Bar Admissions

  • Louisiana, 2009

Court Admissions

  • U.S. District Court, Eastern District, Louisiana
  • U.S. District Court, Middle District, Louisiana
  • U.S. District Court, Western District, Louisiana

Publications

  • “Louisiana Third Circuit Affirms that LDNR Can Only Recover Emergency Response Costs Under La. R.S. 30:93(A)(4) from the Operator of Record and its Working Interest Owners,” Liskow & Lewis’ The Energy Law Blog, April 12, 2022 
  • "President Biden Faces Constitutional Challenges to Revocation of Keystone XL Permit," Liskow & Lewis' The Energy Law Blog, March 31, 2021 

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.” 

WHAT’S TRENDING WITH Brian

  • News
    05.06.25
    59 Liskow Lawyers Selected to 2025 Louisiana Super Lawyers, Rising Stars
    less than a minute
  • News
    08.15.24
    118 Liskow Lawyers Recognized in The Best Lawyers in America® (BL Rankings) 2025
    5 minute read
  • News
    04.18.24
    Sixteen Liskow Lawyers Selected to Acadiana Profile’s Top Lawyers
    less than a minute
  • News
    12.21.23
    Fifty-One Liskow Attorneys Selected to 2024 Louisiana Super Lawyers and Rising Stars, Thomson Reuters
    less than a minute
  • News
    08.17.23
    114 Liskow Lawyers Recognized in The Best Lawyers in America® (BL Rankings) 2024
    5 minute read
  • News
    04.10.23
    Eleven Liskow Lawyers Selected to Acadiana Profile’s Top Lawyers
    less than a minute
  • News
    08.18.22
    85 Liskow Lawyers Recognized in The Best Lawyers in America© (BL Rankings) 2023
    4 minute read
  • Blogs
    04.12.22
    Louisiana Third Circuit Affirms that LDNR Can Only Recover Emergency Response Costs Under La. R.S. 30:93(A)(4) from the Operator of Record and its Working Interest Owners
    4 minute read
  • News
    04.08.22
    Eight Liskow Lawyers Selected to Acadiana Profile's Top Lawyers
    less than a minute
  • News
    01.12.22
    Forty-Eight Liskow Lawyers Selected to 2022 Louisiana Super Lawyers and Rising Stars, Thomson Reuters
    less than a minute
View All
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