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Total E&P USA, Inc. v. Marubeni Oil & Gas (USA), Inc. et al

REPLY in Support of 148 Sealed Event

9 Cited authorities

  1. Marx Co., Inc. v. Diners' Club, Inc.

    550 F.2d 505 (2d Cir. 1977)   Cited 332 times
    Holding that "legal opinions as to the meaning of the contract terms at issue," and "conclusions as to the legal significance of various facts," was "testimony concerning matters outside [the expert's] area of expertise."

  2. Mirena Iud Prods. Liab. Litig. v. Bayer

    169 F. Supp. 3d 396 (S.D.N.Y. 2016)   Cited 100 times   3 Legal Analyses
    Finding that the expert's rejection of the leading study on which the plaintiffs relied was a basis for cross examination but not exclusion

  3. Bammerlin v. Navistar Intern. Transp. Corp.

    30 F.3d 898 (7th Cir. 1994)   Cited 146 times
    Holding that "[t]he meaning of federal regulations is not a question of fact, to be resolved by the jury after a battle of experts. It is a question of law, to be resolved by the court."

  4. United States v. Offill

    666 F.3d 168 (4th Cir. 2011)   Cited 75 times
    Holding disparate sentence of defendant who proceeded to trial reasonable

  5. U.S. v. Farinella

    558 F.3d 695 (7th Cir. 2009)   Cited 16 times   5 Legal Analyses
    Reversing for insufficient evidence and directing acquittal, but noting that "had the government presented enough evidence to sustain a conviction, we would have reversed the judgment and ordered a new trial on the basis of the prosecutor's misconduct"

  6. Section 250.1701 - Who must meet the decommissioning obligations in this subpart?

    30 C.F.R. § 250.1701   Cited 15 times   2 Legal Analyses

    (a) Lessees, owners of operating rights, and their predecessors are jointly and severally liable for meeting decommissioning obligations for facilities on leases, including the obligations related to lease-term pipelines, as the obligations accrue and until each obligation is met. (b) All holders of a right-of-way grant and their predecessors are jointly and severally liable for meeting decommissioning obligations for facilities on their right-of-way, including right-of-way pipelines, as the obligations

  7. Section 250.1702 - When do I accrue decommissioning obligations?

    30 C.F.R. § 250.1702   Cited 11 times   4 Legal Analyses

    You accrue decommissioning obligations when you do any of the following: (a) Drill a well; (b) Install a platform, pipeline, or other facility; (c) Create an obstruction to other users of the OCS; (d) Are or become a lessee or the owner of operating rights of a lease on which there is a well that has not been permanently plugged according to this subpart, a platform, a lease term pipeline, or other facility, or an obstruction; (e) Are or become a holder of a pipeline right-of-way grant on which there

  8. Section 556.604 - What are my rights and obligations as a record title owner?

    30 C.F.R. § 556.604   Cited 3 times   3 Legal Analyses

    (a) As a record title owner, you are responsible for all administrative and operating performance on the lease, including paying any rent and royalty due. (b) (1) A record title owner owns operating rights to the lease, unless and until he or she severs the operating rights by subleasing them to someone else. (2) A sublease of operating rights from record title may be for a whole or undivided fractional interest in the entire lease or a described aliquot portion of the lease and/or a depth interval

  9. Section 556.710 - What is the effect of an assignment of a lease on an assignor's liability under the lease?

    30 C.F.R. § 556.710   Cited 1 times   1 Legal Analyses

    If you assign your record title interest, as an assignor you remain liable for all obligations, monetary and non-monetary, that accrued in connection with your lease during the period in which you owned the record title interest, up to the date BOEM approves your assignment. BOEM's approval of the assignment does not relieve you of these accrued obligations. Even after assignment, BOEM or BSEE may require you to bring the lease into compliance if your assignee or any subsequent assignee fails to