COLEMAN v. OFS, INC.

No. 13-30150.

771 F.3d 815 (2014)

Levi COLEMAN, Sr., Deceased; Barbara Coleman; Shirley Coleman Moreland; Levi Coleman, Jr.; Stanley Newton; et al., Plaintiffs-Appellants v. OFS, INCORPORATED, individually and as successor in interest to Oil Field Sales and Service, Incorporated; Atlantic Richfield Company, individually and as successor in interest to Arco Oil and Gas Corporation, also known as Arco Oil; Gas Company; BP Products North America, Incorporated, individually and as successor in interest to Amoco Oil Company and American Oil Company; Chevron USA, Incorporated, individually and as the parent company and successor to Gulf Oil Corporation and Gulf Oil Exploration; Production Company, and Texaco, Incorporated, the successor to Texas Company; Exxon Mobil Corporation, individually and as successor in interest to Exxon Corporation and Mobil Exploration; Producing Southeast, Incorporated; Shell Offshore, Incorporated; Shell Oil Company; Swepi, L.P., individually and as successor in interest to Shell Western E;P, Incorporated; Union Oil Company of California; Superior Oil Company; Packard Pipe Terminals, L.L.C., formerly named as Packard Pipe Terminals, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 30, 2014.


Attorney(s) appearing for the Case

Michael Gregory Stag, Esq. , Attorney, John L. Fontenot, Esq. , Robert D. McMillin , Smith Stag, L.L.C., New Orleans, LA, for Plaintiff-Appellant.

Marguerite K. Kingsmill , Charles Bruce Colvin , Kingsmill Riess, L.L.C., Bettye Anne Barrios , Gavin H. Guillot , Lauren Raili Bridges , Johnson, Johnson, Barrios & Yacoubian, Michael Raudon Phillips, Esq. , Louis Matthew Grossman , Attorney, Kean Miller, L.L.P., Martin A. Stern , Glen Marion Pilie, Esq. , Raymond Peter Ward , Adams & Reese, L.L.P., Nichole Mart Gray , Johnson Gray McNamara, L.L.C., Judith V. Windhorst , Jones Walker LLP, New Orleans, LA, Raymond A. Osborn, Jr., Esq. , Osborn & Osborn, Harvey, LA, Mary S. Johnson, Esq. , Ingrid Marina Kemp , Jill Thompson Losch , Johnson Gray McNamara , L.L.C., Mandeville, LA, Thomas M. McNamara , Johnson Gray McNamara, L.L.C., Lafayette, LA, for Defendant-Appellee.

Before OWEN, SOUTHWICK, and GRAVES, Circuit Judges.


JAMES E. GRAVES, JR:

In a prior opinion and order, we certified to the Supreme Court of Louisiana the question of whether the one-year time period governing a survival action in Article 2315.1 of the Louisiana Civil Code is prescriptive or peremptive. See Coleman v. OFS, Inc., 554 Fed.Appx. 251 (5th Cir. Dec. 18, 2013). The Supreme Court of Louisiana denied certification, because in the interim, that court issued its opinion in Watkins v. Exxon Mobil Corp...

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