Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Bernard v. BP America Production Co.
Citations: 981 So. 2d 73; 170 Oil & Gas Rep. 689; 7 La.App. 3 Cir. 1249; 2008 La. App. LEXIS 492; 2008 WL 867110Docket: CW 07-1249
Court: Louisiana Court of Appeal; April 2, 2008; Louisiana; State Appellate Court
In the case of Sandra Duhon Bernard, et al. v. BP America Production Company, et al., the Louisiana Court of Appeal addressed a challenge by the plaintiffs regarding the trial court's procedural ruling in an oilfield contamination lawsuit. The trial court mandated that liability issues should be tried first, followed by proceedings with the Louisiana Department of Natural Resources (LDNR), and subsequently, the trial for damage claims exceeding the LDNR's findings. The court's decision centered on the interpretation of Louisiana Revised Statutes 30:29, as established by the 2006 legislative act. Citing precedents from recent rulings, including John L. Germany, et al. v. ConocoPhillips Co. and Duplantier Family Partnership v. BP Amoco, the appellate court reversed the trial court's ruling. The appellate court granted the supervisory writ, declaring it peremptory, and remanded the case for a unified trial of all issues before any referral to the LDNR. The court emphasized the need for a singular trial approach rather than sequential proceedings.