Exxon Corporation V. Emerald Oil Gas Company – Is the litigation civil or criminal?

Read this case and answer the questions

http://caselaw.findlaw.com/tx-supreme-court/1548895.html

Parties: Who is the plaintiff?

Who is the defendant?

Legal Is the litigation civil or criminal?

Proceedings: What remedies are sought?

What is the result in the trial court?

and/or the appellate court,

Facts: What happened? Briefly state the facts relevant to the decision.

Legal

Provision: What rules of law are applicable?

Issues: What issue(s) is/are presented for decision? (The answer to this will give

insights into the real issues involved.)

Decision: What are the decisions? Who won, and what did he/she win?

Rule of

the case: What general rule does the case lay down?

Reasons: What reason does the court give to justify its decision?

Concurring &

Dissenting

Opinions: Are there concurring or dissenting opinions, what do they say? If none;

N/A.

Legal

Terminology: What key legal terms were used and what do they mean?

Relationship: 1. What problems or advantages does this present for the Safety

Professional?

2. What implications does this present for the Safety Professional?

The plaintiff (also known as a compliant or claimant) in this case is the Emerald Oil &

Gas Company and royalty owners who intervened later. The defendant or defender is the Exxon

Corporation. This litigation is civil because it involves a breach of duties and regulations that

control contractual relationships in the oil and gas industry. Emerald claims that Exxon

deliberately destroyed the oil and gas field. Emerald claims that Exxon violated the regulatory

duty to close or plug oil and gas wells properly, breached duty to shun causing misuse of natural

resources, tortious interference with a commercial opportunity, fraud, and negligence per se in

breaching various sections of the Railroad Commission Regulations and the Natural Resources

Code (FindLaw, 2013). The royalty owners intervened in this lawsuit and claimed common law

and statutory law waste, tortious interference with a commercial opportunity, violating the

regulatory duty to close or plug oil and gas wells properly, environmental and fraud.

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