It will take years before the full impact of the oil spill on the Gulf Coast is fully understood. Companies have questions and want answers now. Baker Donelson's location and experience, along with the ability to reach across a footprint of five states and Washington, D.C., gives us the tools to help answer those questions.
As a law firm with offices in Louisiana and other Gulf South states, Baker Donelson is uniquely situated and experienced in oil, gas and maritime matters, as well as the various litigation, environmental, insurance, regulatory and public policy issues that surround these matters.
Baker Donelson's marine and energy attorneys have represented clients in complex, multi-million dollar litigation resulting from prior incidents in the Gulf of Mexico and throughout the South, including well operators, service companies, London-market underwriters, protection, indemnity, hull and machinery underwriters and domestic insurers. We helped an offshore drilling company defend against claims exceeding $80 million as a result of a riser separation incident, which were successfully settled with the participation of London-market underwriters. The firm's attorneys also have represented clients in well blowout cases, including personal injury claims, property damage suits, Natural Resource Damage Assessments and other litigation or regulatory proceedings that arise from such incidents.
The Firm's oil and gas industry experience is extensive, covering a vast range of services for the clients of that industry. We regularly represent companies and owners in litigation, arbitration, regulatory proceedings and transactions throughout the United States. Our clients include major, independent and state-owned oil and gas companies, pipeline companies, oil and gas well operators, drilling contractors, seismic companies, transportation companies, insurers, financial institutions, royalty owners and other service and supply companies involved with the industry.
Partnering with the firm's attorneys who litigate oil and gas matters are our environmental attorneys. From traditional program compliance to cutting-edge litigation, Baker Donelson's environmental lawyers are leaders. When enforcement or litigation is looming, our environmental trial lawyers are uniquely qualified to help. Defending both class actions and individual claims, in both state and federal courts, our environmental lawyers are skilled in translating complex technical and legal issues into a persuasive and compelling defense. We have bench and jury trial experience in cases involving state and federal environmental laws and regulations, federal citizen suits, nuisance, strict liability, and land use litigation. Our lawyers also have deep and broad experience in administrative and judicial enforcement actions, including criminal investigations and prosecution.
When clients want their voices heard, they turn to our federal public policy advisors. With credibility among the nation's decision-makers – a highly valued currency in the Washington public policy arena that can be earned only through years of relationship building and honest brokering – we're able to partner with our clients to ensure their concerns are taken seriously.
Examples of our oil, gas, maritime and environmental capabilities are below.
- Oil and gas exploration and production casualties
- Business interruption and loss claims
- Well blowouts
- Wellhead, casing, downhole and reservoir damage claims
- Lost and delayed production claims
- Property damages and ownership disputes
- Insurance disputes
- Pollution and environmental matters, including discharges and spills
- Occupational exposure and disease claims
- Environmental claims
- Regulatory and administrative issues, including those involving the Federal Maritime Commission, Maritime Administration, Minerals Management Service, National Transportation Safety Board, U.S. Coast Guard and U.S. Customs and Border Protection
Representative Matters
- Represented the world's largest offshore drilling company in a claim brought by a major oil company arising out of a riser separation incident. Claims were in excess of $80 million and were successfully settled with the participation of various London market underwriters.
- Represented one of top ten domestic independent natural gas producers in multi-million dollar suit for vessel damage to platform.
- Defended largest natural gas producer in the United States in blow-out case against claims of gross negligence to preclude enforcement of limitation of liability, indemnity and allocation of risk provisions in Master Service Agreement. After trial, the court awarded nearly $10 million in damages, including prejudgment interest, to the client.
- Obtained $2 million judgment for natural gas transportation company in case involving explosion at oil and gas terminal facilities during construction.
- Defended independent oil and natural gas producer in well blowout case against claims under Louisiana law for gross negligence and under the newly-enacted Oil Pollution Act (OPA) and a Natural Resources Damage Assessment (NRDA). Litigation ultimately resulted in favorable resolutions of NRDA, civil penalty claim by U.S. Coast Guard under OPA and claims against producer's well contractors.
- Represented Underwriters and the vessel owner in regard to the M/V BRIGHT FIELD allision with the New Orleans Riverwalk in December 1996. The matter involved more than 1,800 personal injury claims and approximately 400 business interruption and property damage claims against the clients. Settled after remand from Louisiana Supreme Court for damages trial.
- Represented a pipeline company in two separate class actions lawsuits in regard to damage to its natural gas pipeline and a resultant release of a cloud of natural gas. The combined class actions involved approximately 11,500 claims for personal injury. Settled after remand from the Louisiana Supreme Court for damages trials.
- Defended a major chemical manufacturer in a class action brought on behalf of class of 5,000 landowners and occupants alleging personal injury and property damage from air and water discharges. The case settled after class notification by co-defendant with no contribution by the Firm's client.
- Represented petroleum products company in investigation of dumping violations by state and federal authorities.
- Represented engineering firm in putative class action arising out of failure of ash pond dike resulting in release of more than five million cubic yards of ash.