Pierce v. Atlantic Richfield Co.

161 So. 3d 679, 13 La.App. 3 Cir. 1103, 2014 WL 1047061, 2014 La. App. LEXIS 715
CourtLouisiana Court of Appeal
DecidedMarch 19, 2014
DocketNo. CA 13-1103
StatusPublished

This text of 161 So. 3d 679 (Pierce v. Atlantic Richfield Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pierce v. Atlantic Richfield Co., 161 So. 3d 679, 13 La.App. 3 Cir. 1103, 2014 WL 1047061, 2014 La. App. LEXIS 715 (La. Ct. App. 2014).

Opinion

CONERY, Judge.

| Nellie Marceaux Pierce (“Mrs. Pierce”), Russie Tiller Pierce and David Pierce, collectively the “Pierce Children”, and Pierce Enterprises, Inc. (“Pierce Enterprises”), collectively the “Pierce Plaintiffs,” appeal the trial court’s May 2, 2013 judgment granting United States Fidelity & Guaranty Company (“USF & G”), Hartford Accident & Indemnity Company (“Hartford”), Great American Insurance Company of New York, tfk/a American National Fire Insurance Company (“Great American”), and United States Fire Insurance Company’s (“US Fire”), collectively the “Insurer Defendants,” exceptions of no right of action dismissing the entirety of the Pierce Plaintiffs’ case against the named defendants.

The Pierce Plaintiffs also appeal the trial court’s separate May 8, 2013 judgment which also granted, for the same reasons, the exception of no right of action filed on behalf of Henry Production Company, Inc. (“Henry”), and adopted by Chevron U.S.A., Inc.1 (“Chevron”), and also dismissed the Pierce Plaintiffs’ claims against Henry and Chevron with prejudice. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

The Pierce Plaintiffs originally filed suit on May 29, 2009. The original petition was followed by three supplemental and amending petitions, the last of which was filed on January 27, 2012. The Pierce Plaintiffs claimed that their land in Vermilion Parish was contaminated by a number of defendants in a variety of ways, which were all related to actions or inactions connected to oil and gas ^operations. The allegations in the Pierce Plaintiffs’ petitions involved three areas of the property. To attempt to avoid confusion, the three areas of property are referred to in the Pierce Plaintiffs’ “Second Supplemental and Restated Petition” as “(1) the Larry Landry dump (“the waste dump site”); (2) the ARCO production area; and (3) the Southland pipeyard.

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Bluebook (online)
161 So. 3d 679, 13 La.App. 3 Cir. 1103, 2014 WL 1047061, 2014 La. App. LEXIS 715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-v-atlantic-richfield-co-lactapp-2014.