§Why CasetextPricing

In Re: Crescent Energy Services, Llc

MOTION for Partial Summary Judgment

15 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,328 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Beard v. Banks

    548 U.S. 521 (2006)   Cited 1,693 times   1 Legal Analyses
    Holding that encouraging progress toward rehabilitation serves legitimate penological objectives

  3. Norman v. Apache Corp.

    19 F.3d 1017 (5th Cir. 1994)   Cited 787 times
    Holding that while Rules 8 and 9(b) are to be harmonized, "Rule 8 has never been read to eviscerate Rule 9(b)'s requirement that an averment of fraud must be stated with particularity."

  4. Burden v. General Dynamics Corp.

    60 F.3d 213 (5th Cir. 1995)   Cited 415 times
    Concluding that the district court had subject matter jurisdiction where a defendant charged with intentional infliction of emotional distress had been fraudulently joined

  5. Grand Isle Shipyard v. Seacor Marine

    589 F.3d 778 (5th Cir. 2009)   Cited 155 times   4 Legal Analyses
    Holding that "damages for breach of contract . . . as well as damages arising from enforcing that contract . . . removes this suit from the realm of a declaratory judgment action"

  6. Union Texas Petroleum Corp. v. PLT Engineering, Inc.

    895 F.2d 1043 (5th Cir. 1990)   Cited 162 times   2 Legal Analyses
    Holding that the law of the adjacent state does not govern under OCLSA when, inter alia, "[f]ederal maritime law . . . appl[ies] of its own force"

  7. Theriot v. Bay Drilling Corp.

    783 F.2d 527 (5th Cir. 1986)   Cited 137 times
    Holding that indemnification "`without regard to . . . the negligence of any party,' clearly and unequivocally provided Bay Drilling with indemnification for its own negligence"

  8. Davis Sons, Inc. v. Gulf Oil Corp.

    919 F.2d 313 (5th Cir. 1991)   Cited 110 times   4 Legal Analyses
    Holding that an agreement to provide labor on a barge being used as a mobile work platform is a maritime contract

  9. Wilcox v. Wild Well Control, Inc.

    794 F.3d 531 (5th Cir. 2015)   Cited 28 times   1 Legal Analyses
    Holding that a welder was not a seaman because he was only assigned for one specific project which had a clear two month end date

  10. Thurmond v. Delta Well Surveyors

    836 F.2d 952 (5th Cir. 1988)   Cited 66 times   1 Legal Analyses
    Holding that a contract to provide wireline services to a fixed platform in Louisiana state waters is non-maritime

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 9:2780 - Certain indemnification agreements invalid

    La. Stat. tit. 9 § 2780   Cited 174 times   7 Legal Analyses

    A. The legislature finds that an inequity is foisted on certain contractors and their employees by the defense or indemnity provisions, either or both, contained in some agreements pertaining to wells for oil, gas, or water, or drilling for minerals which occur in a solid, liquid, gaseous, or other state, to the extent those provisions apply to death or bodily injury to persons. It is the intent of the legislature by this Section to declare null and void and against public policy of the state of