Assumption Parish Police Jury v. Tex. Brine Co.

307 So.3d 1061

ASSUMPTION PARISH POLICE JURY

v.TEXAS BRINE COMPANY, L.L.C. and Occidental Chemical Corporation

Assumption Parish Sheriff Mike Waguespack

v.Texas Brine Company, L.L.C. and Occidental Chemical Corporation

State of Louisiana

v.Texas Brine Company, L.L.C. and Occidental Chemical Corporation

NO. 2018 CA 1626

NO. 2018 CA 1627

NO. 2018 CA 1628

Court of Appeal of Louisiana, First Circuit.

Judgment Rendered: JUNE 24, 2020

Leopold Z. Sher, James M. Garner, Peter L. Hilbert, Jr., Jeffrey D. Kessler, New Orleans, Louisiana, Robert Ryland Percy, III, Gonzales, Louisiana, James E. Kuhn, Ponchatoula, Louisiana, Eric J. Mayer, Houston, Texas, Travis J. Turner Gonzales, Louisiana, Dane S. Ciolino, Metairie, Louisiana, Theodore L. Jones, Baton Rouge, Louisiana, Counsel for Appellant Texas Brine Company, L.L.C.

Joseph L. Shea, Jr., Katherine Smith Baker, Ashley G. Gable, Joshua S. Chevallier, Shreveport, Louisiana, Counsel for Appellee Reliance Petroleum Corporation

Matthew J. Randazzo, III, Christopher B. Bailey, Will Montz, Shawn A. Carter, Joshua S. Barnhill, Lafayette, Louisiana, Counsel for Appellees Browning Oil Company, Inc., LORCA Corporation and Colorado Crude Company

Erika L. Bright, Jeffrey L. Mills, Dallas, Texas, Franklin H. Spruiell, Jr., Reid A. Jones, Seth M. Moyers, Shreveport, Louisiana, Counsel for Appellee Sol Kirschner

BEFORE: GUIDRY, THERIOT, AND PENZATO, JJ.

THERIOT, J.

This appeal is one of many arising from the Bayou Come sinkhole that developed on August 3, 2012, following the collapse of a salt mine cavern connected with the operation of a brine production well known as the Oxy Geismer #3 by defendant/third-party plaintiff, Texas Brine Company, LLC ("Texas Brine"). Herein, Texas Brine challenges the district court judgment sustaining the peremptory exceptions of res judicata and collateral estoppel filed by Reliance Petroleum Corporation, LORCA Corporation, Colorado Crude Company, Sol Kirschner, and Browning Oil Company, Inc. (collectively, "the Oil and Gas Parties") and dismissing its claims against the Oil and Gas Parties with prejudice.

In response to the claims asserted against it in the Pipeline cases¹ , Texas Brine filed nearly identical third-party demands against various parties therein, as well as in the instant litigation. Following the district court's summary dismissal of Texas Brine's third-party demands against the Oil & Gas Parties in the Pipeline cases, the Oil and Gas Parties filed separate, but identical, peremptory exceptions of res judicata and collateral estoppel in the underlying litigation. The district court sustained the Oil and Gas Parties’ exceptions, issuing a signed judgment on April 10, 2018, ordering that "Texas Brine Company, LLC's claims against the Oil and Gas Parties in the above-captioned matter are DISMISSED WITH PREJUDICE on the basis of res judicata and collateral estoppel."

The same issues before us in the instant appeal were recently decided by this court in related appeals, Marchand v. Texas Brine Company, LLC, 2019-0052 (La.App. 1 Cir. 12/27/19), 293 So.3d 1132, and Labarre v. Occidental Chemical Company , 2019-0624 (La.App. 1 Cir. 2/19/20), 2020 WL 813269. In Marchand and Labarre, this court affirmed similar judgments granting the Oil and Gas Parties’ peremptory exceptions of res judicata and collateral estoppel. After a thorough review of the record, we find no material distinctions between the evidence and arguments asserted in this appeal and those presented in Marchand and Labarre. The exact same background, issues, and assignments of error raised by Texas Brine in this case have already been thoroughly discussed in Marchand , which we are bound to follow under the "law of the circuit doctrine," which requires us to follow our prior decisions. See Pontchartrain Natural Gas System v. Texas Brine Company, LLC , 2018-0001, p. 2 (La.App. 1 Cir. 6/4/18), 253 So.3d 156 (Mem), writ denied, 2018-1124 (La. 9/28/18), 253 So.3d 147 (Mem). Moreover, the summary dismissal of Texas Brine's third-party demands against the Oil and Gas Parties in the related Pipeline cases, which formed the basis of the Oil and Gas Parties’ res judicata and collateral estoppel objections, has been affirmed on appellate review.²

We issue this summary disposition in accordance with Uniform Rules of Louisiana Courts of Appeal, Rule 2-16.2(A)(2), (4), and (6), and affirm the district court's April 10, 2018 judgment, sustaining the exceptions raising the objections of res judicata and collateral estoppel and dismissing, with prejudice, Texas Brine's third-party demands against Reliance Petroleum Corporation, LORCA Corporation, Colorado Crude Company, Sol Kirschner, and Browning Oil Company, Inc. All costs of this appeal are assessed to Texas Brine Company, LLC.

AFFIRMED.

1 The Pipeline cases were several of many arising from the 2012 sinkhole and include: Crosstex Energy Services, LP v. Texas Brine Company, LLC, No. 34,202, 23^rd Judicial District Court, Assumption Parish; Pontchartrain Natural Gas System v. Texas Brine Company, LLC, No. 34,265, 2017 WL 3318080, 23^rd Judicial District Court, Assumption Parish; and Florida Gas Transmission Company v. Texas Brine Company, LLC, No. 34,316, 2017 WL 3318077, 23^rd Judicial District Court, Assumption Parish.

2 See Pontchartrain Natural Gas System v. Texas Brine Company, LLC, 2018-0606 (La.App. 1 Cir. 12/21/18), 268 So.3d 1058, writ denied, 2019-0526 (La. 6/17/19), ...