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Short Circuit

Short Circuit 301 | Litigating the Multiverse

Dec 7, 2023
Braden Boucek, Director of Litigation, and Arif Panju discuss an Eighth Circuit case on a school district's transgender policy. They explore the concept of justiciability and the vague policy. Arif takes us into a French heritage and oil and gas issue in the Fifth Circuit, exploring property rights and ancient doctrine. They also touch on the court's certification to the Louisiana Supreme Court and the complexities of the case.
59:33

Podcast summary created with Snipd AI

Quick takeaways

  • The Eighth Circuit dismissed some claims as moot but found the rest of the case live and the policy vague in a challenge to a school district's transgender policy.
  • The Fifth Circuit Court of Appeals certified a question to the Louisiana Supreme Court to decide whether Louisiana's ancient doctrine of Negotiorum Gestio applies in a unitization context for deducting post-production costs from mineral estates in the oil and gas industry.

Deep dives

Louisiana Supreme Court to Decide on Deduction of Post-Production Costs in Oil and Gas Case

The Fifth Circuit Court of Appeals in Johnson v. Chesapeake, Louisiana LP sent a certified question to the Louisiana Supreme Court to decide whether Louisiana's deeply rooted doctrine of Negotiorum Gestio applies in a unitization context, allowing the deduction of post-production costs from mineral estates. The case involves a dispute between Linda and James Johnson, who own land and the mineral interests underneath it in Louisiana, and Chesapeake, an oil and gas operator. The dissenting judge argued that the case could be decided by applying principles of statutory construction, while the majority believed the question should be certified to the state Supreme Court for clarity on the doctrine's application.

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