Cases in the Louisiana Supreme Court

• Serving as appellate counsel for Union Carbide Corporation, Kelly secured a writ grant from the Louisiana Supreme Court, remanding the matter to the Fourth Circuit Court of Appeal to reconsider its earlier opinion affirming a jury award to wrongful death plaintiffs in light of new precedent on the standard of review to evaluate general damage awards.  Stauder v. Shell Oil Company, et al., 2023-C-0619 (La. 1/17/24)
• As part of BP’s appellate team, Kelly obtained a writ grant from the Louisiana Supreme Court, reversing a decision of the Third Circuit Court of Appeal on the proper interpretation of the attorney’s fee provision in a statutory provision, La. R.S. 30:29, and remanding the matter to the Third Circuit to recalculate the proper amount of fees and costs allowed under the statute.  Sweet Lake Land & Oil Co. v. Oleum Operating Co., L.C., et al., 2022-C-0497 (La. 9/20/22).
• Kelly was retained as appellate counsel to represent Union Carbide Corporation and she obtained a writ grant from the Louisiana Supreme Court which issued a per curiam decision in Jerry Bagwell v. Union Carbide Corporation, 2020-C-01242 (La. 1/12/21). The Supreme Court agreed with Union Carbide’s position that the Fourth Circuit Court of Appeal improperly reversed a jury verdict in favor of Union Carbide as inconsistent, where the record evidence supported the jury’s findings.  The Supreme Court reinstated the jury verdict in favor of Union Carbide.
• Kelly was retained as appellate counsel by amici curiae, Louisiana Association of Business and Industry, Louisiana Mid-Continent Oil and Gas Association, and Louisiana Oil and Gas Association in two “legacy” cases recently before the Louisiana Supreme Court. One involved the proper prescriptive period for an environmental citizen suit statute, State of Louisiana ex rel. Justin Dale Tureau, 2021-0856, and the other involved the proper interpretation of Louisiana’s statue that governs oilfield remediation cases (“Act 312), State of Louisiana et al., v. Louisiana Land & Explor. Co., 2020-C-0685 (La. 6/1/22).
• Retained by the Chamber of Commerce of the United States of America to submit an amicus brief to the Louisiana Supreme Court in Newell Normand, Sheriff & Ex-Officio Tax Collector for the Parish of Jefferson v. Wal-Mart.com USA, LLC, 19-263 (La. 1/29/2020), 2020 WL 499760. The Court agreed with the position of amici, finding that the lower courts incorrectly held that an online marketplace is obligated as a “dealer” under La. R.S. 47:201(4)(l) and/or by contract to collect sales tax on the property sold by third party retailers through the marketplace’s website.
• Represented Bechtel OG&C Construction Services, Inc., in obtaining a favorable writ grant from the Louisiana Supreme Court.  Martin Berotte v. Bechtel OG&C Construction Services, Inc., No. 18-CC-1973 (La. 2/18/19). The writ grant reinstated a favorable trial court ruling sending employees’ claims to arbitration.  The Louisiana Third Circuit had reversed the decision to send the employees’ claims to arbitration, finding that the claims could proceed in the trial court.
• Kelly represented Cubic Energy, Inc. in Gloria’s Ranch, LLC v. Tauren Explor. Inc., 252 So. 3d 431 (La. 6/27/18), where the Louisiana Supreme Court granted defendants’ writ applications and decided the amount of damages available under the Louisiana Mineral Code for claims for unpaid royalties. The Supreme Court accepted defendants’ position that double, not treble, damages were allowed.
• Assisted trial team in obtaining writ grant from the Louisiana Supreme Court, reversing decision of First Circuit Court of Appeal, and reinstating trial court judgment dismissing suit brought by landowners in Haynesville Shale area as an improper use of a declaratory judgment proceeding in an effort to invalidate unit-wide orders of the Louisiana Commissioner of Conservation. Gatti, et al. v. State of Louisiana, through the Office of Conservation, et al, 2014-C-863 (La. 8/25/14).
• Represented Monsanto in seeking appellate review of denial of enforcement of an arbitration agreement. After the Louisiana Second Circuit Court of Appeal denied Monsanto’s writ application, Kelly obtained a writ grant from the Louisiana Supreme Court with an order that the Second Circuit issue a decision on the matter. Hanlon v. Monsanto AG Prods., LLC, 2013-0169 (La. 3/1/13), 108 So. 3d 781. Following remand from the Louisiana Supreme Court, the Second Circuit reversed the trial court and ruled in favor of Monsanto, finding the arbitration clause valid and enforceable.  Hanlon v. Monsanto AG Prods., LLC, 48,010 (La. App. 2 Cir. Oct. 9, 2013), 2013 La. App. Lexis 2019.
• Represented Dow Chemical Company as appellate counsel in securing writ grant by the Louisiana Supreme Court t dismissing class action plaintiffs’ claims for punitive damages after the First Circuit had reinstated punitive damages claim. Thomas v. A. Wilbert & Sons, Inc, 2012-1534 (La. 10/12/12), 98 So. 3d 879.

Cases in the U.S. Fifth Circuit Court of Appeals

• Served as appellate counsel for the BP Defendants in Saavedra-Vargas v. BP Exploration & Prod. Inc., et al, 22-30010 (5th Cir. Sep. 2, 2022),  securing a unanimous opinion in favor of BP affirming dismissal of plaintiff’s personal injury claims on summary judgment.
• Kelly represented BP America Production Company before the U.S. Fifth Circuit in Grace Ranch, L.L.C. v. BP Am. Prod. Co., 989 F.3d 301 (5th Cir. 2021), securing a unanimous opinion that claims brought under a Louisiana environmental citizen suit statute could be litigated in federal court. Ms. Becker argued to the Fifth Circuit on behalf of all defendants in the case.
• Kelly represented Hess Corporation before the U.S. Fifth Circuit in Guilbeau v. Hess Corp., 854 F.3d 310 (5th Cir. 2017), securing a unanimous opinion that a landowner’s claims for property damage were barred by Louisiana’s subsequent purchaser doctrine given that the landowner did not own the property at the time the alleged damage occurred.

Legacy Litigation

• Represented ExxonMobil Corporation in securing unanimous opinion from the Louisiana First Circuit Court of Appeal affirming dismissal of all claims based upon res judicata of earlier action. Global Marketing Solutions, L.L.C. v. Chevron U.S.A. Inc., 2018-1765 (La. App. 1 Cir. 9/27/19), 286 So. 3d 1054.
• Represented BP America Production Company in securing unanimous opinion from Louisiana Third Circuit Court of Appeal affirming application of Louisiana’s subsequent purchaser doctrine to dismiss current landowner’s claims for pre-purchase property damage. Grace Ranch LLC v. BP America Production Company, et al, — So. 3d – (La. App. 7/18/18).
• Represented BP America Production Company in securing unanimous opinion from Louisiana Third Circuit Court of Appeal affirming procedure used under Act 312 to settle claims in land damage litigation when settlement procedure was challenged by insurer of a co-defendant. The insurer’s writ application to the Louisiana Supreme Court was denied. Britt v. Riceland Petroleum Company, et al, 240 So. 3d 986 (La. App. 3 Cir. 3/7/18).
• Represented ExxonMobil in a legacy case and secured (i) unanimous opinion from the Louisiana First Circuit Court of Appeal affirming the dismissal of the Plaintiff-landowner’s claims based on the subsequent purchaser doctrine, Global Mktg. Solutions, L.L.C. v. Blue Mill Farms, Inc., 2013-2132 (La. App. 1 Cir. 9/19/14), 153 So. 3d 1209, and (ii) denial of Plaintiff-landowner’s writ application to the Louisiana Supreme Court.
• Retained as appellate counsel for Shell Oil Company in a legacy case and secured (i) unanimous opinion from the Louisiana Third Circuit Court of Appeal reversing that portion of a trial court judgment which had awarded Plaintiffs-landowners $34 million, holding that the Plaintiffs-landowners were not entitled to a private money judgment for the cost of remediation of their property to state regulatory standards, Savoie v. Richard, 13-1370 (La. App. 3 Cir. 4/2/14), 137 So. 3d 78, and (ii) denial of the Plaintiff-landowners’ writ application to the Louisiana Supreme Court.
• Represented BP in a legacy case and secured (i) unanimous opinion from the Louisiana Third Circuit Court of Appeal affirming a jury verdict in favor of BP, Houssiere v. ASCO USA, 12-791 (La. App. 3 Cir. 1/16/13), 108 So. 3d 797, and (ii) denial of Plaintiff-landowners’ writ application to the Louisiana Supreme Court. The Houssiere plaintiffs brought breach of contract and tort claims against BP under Act 312 for alleged contamination of property caused by historic oil and gas operations. The jury rejected Plaintiffs’ claims, finding that BP did not cause environmental damage to Plaintiffs’ property. The Third Circuit affirmed the jury’s findings and also held that the trial court properly applied Act 312 to Plaintiffs’ claims as presented at trial.

Energy Litigation

• Represented High Point Gas Gathering Company in Morgan City Land & Fur Co., LLC v. Tennessee Gas Pipeline Co., et al, 2021-C-704 (La. 10/12/21), obtaining writ grant from the Louisiana Supreme Court regarding the interpretation of the obligations of pipeline companies under right-of-way agreements.
• Kelly represented Chevron U.S.A. Inc. in Karen May v. The Succession of Mayo Romero, 2020 WL 5844153 (La. App. 3 Cir. 11/12/20), securing unanimous opinion from the Louisiana Third Circuit affirming dismissal of landowner’s claims for allegedly unpaid royalties as time-barred under Louisiana’s statute of limitations/prescriptive period.
• Retained as appellate counsel by Louisiana Association of Business and Industry and Louisiana Midcontinent Oil & Gas Association to submit amicus brief to the Louisiana Supreme Court. In this case in which the Supreme Court addressed the proper application of the manifest error standard of appellate review, the Court agreed with the position of the amici and reversed a decision of the Louisiana Third Circuit Court of Appeal, reinstating the district court judgment for defendant-operators which rejected a claim for lost hydrocarbons due to alleged imprudent operations. Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr-McGee Rocky Mt., LLC, 2014-C-2592 (La.12/8/15), 193 So. 3d 1110.
• Secured dismissal at the pleadings stage of RICO and fraud claims asserted against numerous oil and gas producers and their corporate officers. The dismissal was affirmed on appeal. Bonvillain v. La. Land & Exploration Co., No. 10-30810, 2011 U.S. App. LEXIS 13366 (5th Cir. June 28, 2011).
• Represented a major oil and gas company at the trial and appellate levels in its defense of a claim for more than $60 million brought by the State of Louisiana. On cro6ss motions for summary judgment, the district court ordered the money refunded to the taxpayer. The Louisiana First Circuit of Appeal affirmed, and the Louisiana Supreme Court denied writs. BP Prods. N. Am. v. Bridges, 2010-1860 (La. App. 1 Cir. 8/10/11), 77 So. 3d 27.
• Obtained a unanimous Louisiana Supreme Court decision in favor of an integrated energy company in a dispute over property taxes. Gisclair v. La. Tax Comm’n, 2009-0007 (La. 6/26/09), 16 So. 3d 877.
• Retained as appellate counsel for a major oil and gas producer against whom a Louisiana district court had entered judgment assessing damages with respect to operations conducted on leased premises to support a drilling operation on an adjoining tract. This trial court judgment was reversed in its entirety by the Louisiana Second Circuit Court of Appeal and confirmed by a writ denial from the Louisiana Supreme Court. Fuller v. XTO Energy, Inc., 43,454 (La. App. 2 Cir. 8/13/08), 989 So. 2d 298.