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Action Regarding Calculation Method for Royalties on Carbon Dioxide, and Immigration Law Matter

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By FindLaw Staff on June 16, 2010 11:42 AM

Bailey v. Shell Western E&P Inc., No. 08-20313, involved an action by Shell Western E&P Inc. seeking a declaration regarding the proper calculation method for royalties on carbon dioxide in the McElmo Dome.  The court of appeals affirmed summary judgment for defendant, on the grounds that 1) Fed. R. Civ. P. 41(a) dismissal only applies to the dismissal of an entire action, not particular claims; 2) because the parties only disputed Shell's obligations under a contract related to real property, the local action rule did not control; and 3) plaintiff did not carry his burden to prove that the allegations in his False Claims Act claims were not based upon prior, public disclosures--or, if they were, that he was an original source of the information.

Lopez-Dubon v. Holder, No. 08-60478, concerned a petition for review of the BIA's order denying petitioner's motion to reopen his case in order to seek adjustment of his immigration status.  The court of appeals denied the petition, on the grounds that 1) the court of appeals had jurisdiction over the question of whether the notice provided to petitioner was insufficient because of his age at the time of his detention; 2) notice must be served on an adult only for aliens under 14 years of age; and 3) the BIA's factual finding that notice was properly served on petitioner was supported by substantial evidence.

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