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BRETON ENERGY, L.L.C. v. MARINER ENERGY RESOURCES

No. 13-20307.

764 F.3d 394 (2014)

BRETON ENERGY, L.L.C.; Conn Energy, Incorporated, Plaintiffs-Appellants v. MARINER ENERGY RESOURCES, INCORPORATED, formerly known as Mariner Energy, Incorporated, formerly known as Forest Energy Resources, Incorporated; Forest Oil Corporation; Chevron Corporation; Chevron U.S.A., Incorporated; Unocal Corporation; Union Oil Company of California; Chevron Corporation, doing business as Union Oil Company of California; Union Oil Company, doing business as Unocal; Pure Resources, L.L.C.; IP Petroleum Company, Incorporated; International Paper Company; Apache Corporation; Apache Shelf, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 12, 2014.

Attorney(s) appearing for the Case

Russell S. Post (argued), Jasdeep Brar, Esq. , Murray Jules Fogler, Esq. , Beck Redden, L.L.P., Richard Warren Mithoff, Jr., Esq. , Mithoff Law Firm, Houston, TX, for Plaintiffs-Appellants.

Emil Thomas Bayko (argued), Joshua James Newcomer , McKool Smith, P.C., Ronald Leslie Oran, Esq. , Strasburger & Price, L.L.P., Penn C. Huston , King & Spalding, L.L.P., Houston, TX, Michael Andrew Chernekoff , Jones Walker LLP, New Orleans, LA, Defendants-Appellees.

Before JOLLY, GARZA, and HIGGINSON, Circuit Judges.

HIGGINSON, Circuit Judge:

Well-pleaded factual allegations may perfectly shield a complaint from dismissal under Rule 12(b)(6), and our inquiry's "emphasis on the plausibility of a complaint's allegations does not give district courts license to look behind those allegations and independently assess the likelihood that the plaintiff will be able to prove them at trial." Harold H. Huggins Realty, Inc. v. FNC, Inc., 634 F.3d 787

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