Apache Deepwater, LLC v. W & T Offshore, Inc., No. 17-20599 (5th Cir. 2019)Annotate this Case
After a successful plugging and abandonment operation of three offshore oil and gas wells, Apache sought payment from its non-operator partner, W&T. The jury subsequently awarded Apache $43.2 million for W&T's breach of the Joint Operating Agreement (JOA).
The Fifth Circuit affirmed the district court's denial of W&T's motion for judgment as a matter of law, holding that Louisiana Civil Code Article 2003 did not bar Apache's entitlement to damages. The court affirmed the district court's denial of W&T's motion for summary judgment, holding that the jury needed to resolve the question of the parties' intent in light of the ambiguity of Section 6.2 of the JOA. Finally, the court affirmed the district court's denial of W&T's motion for entry of judgment and motion for a new trial, because W&T was not entitled to an offset.