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Case Study – Appealing Cases Involving Joint Operating Agreements

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Institute for Energy Law |  Litigation
Marc Tabolsky |  Persis Dean
52 Minutes
Audio and Video
Original Program Date:
May 18, 2023
Access for 6 month(s) after purchase.


Apache Corporation v. Castex Offshore, Inc. involved a dispute between an operator and a non-operator in two different projects under two different contracts.  One joint operating agreement was governed by Texas law, while the other agreement was governed by Louisiana law.  Both agreements, however, had exculpatory clauses with substantially the same language providing that the operator could not be held responsible for any loss sustained or liability incurred except for those resulting from gross negligence or willful misconduct.

This webinar will focus on the choices and decisions litigants and their counsel may face when it comes to appealing or defending a trial court judgment that depends on whether or not the operator was grossly negligent or engaged in willful misconduct.   This will include thoughts about (a) what a litigant may consider doing in the trial court to prepare for a possible appeal, (b) how arguments regarding exculpatory clauses may be shaped and presented in the appellate courts, and (c) seeking discretionary review in state supreme courts.


MCLE credit has not been requested for this program.

MCLE credit has not been obtained for this program and will not be requested by The Center for American and International Law. You may be able to obtain credit in certain jurisdictions (self-study credit), but the rules vary greatly by jurisdiction. Please review your jurisdiction’s MCLE rules and regulations before purchasing or viewing this program.



Marc Tabolsky Related Seminars and Products

Schiffer Hicks Johnson PLLC

Marc represents plaintiffs and defendants in cases involving a wide array of civil claims in both trial and appellate courts. His meticulous attention to detail, knowledge of relevant changes in the law, and ability to craft highly persuasive briefs have led to a particularly strong record of success on appeal. In addition to his antitrust work, Marc has achieved successful outcomes in disputes relating to oil and gas issues, securities fraud, product liability, trade secret misappropriation, construction law, breach of contract, fraudulent transfer, breach of fiduciary duty, defamation, negligence, and wrongful death, among others.

Before joining Schiffer Hicks Johnson, Marc was a partner at Yetter Coleman and, previously, an appellate lawyer at Weil, Gotshal & Manges. Prior to entering private practice, he served as a law clerk to the Honorable Edith H. Jones of the United States Court of Appeals for the Fifth Circuit.

Persis Dean Related Seminars and Products

Schiffer Hicks Johnson PLLC

Persis counsels and represents clients in a variety of tort claims and commercial disputes, including breach of contract, securities fraud, shareholder oppression, tort and products liability claims, and business torts. She regularly represents plaintiffs and defendants in state and federal court and in arbitration. Taking a proactive approach, Persis provides strategic transactional and operational advice to help clients mitigate the risk of litigation.

Prior to joining Schiffer Hicks Johnson, Persis served as counsel in the Gas & Power Marketing Company at Exxon Mobil Corporation. In this role, she advised clients on all areas of the natural gas and liquefied natural gas (LNG) value chain and project lifecycle, and secured permits and authorizations from various federal and state agencies.