SLS 14RS-5800 ORIGINAL
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Regular Session, 2014
SENATE RESOLUTION NO. 206
BY SENATOR MURRAY
LIABILITY. Requests the public and private entities currently engaged in litigation over
coastal oil and gas activities to act reasonably and in furtherance of public policy by
engaging in dispute resolution and settlement discussions.
A RESOLUTION1
To urge and request the public and private entities currently engaged in litigation over2
coastal oil and gas activities to act reasonably and in furtherance of public policy by3
engaging in dispute resolution and settlement discussions.4
WHEREAS, in its 2002 document "Ethical Guidelines for Settlement Negotiations"5
the Section of Litigation of the American Bar Association states that, "Settlement6
negotiations are an essential part of litigation. In light of the courts' encouragement of7
alternative dispute resolution and in light of the ever increasing cost of litigation, the8
majority of cases are resolved through settlement." (emphasis added); and9
WHEREAS, the courts of Louisiana have throughout the years repeatedly10
emphasized that dispute resolution and settlement discussions by parties in litigation are11
reasonable, useful, appropriate, and desirable actions, stating that "Strong public policy12
considerations favor compromise and settlement of lawsuits"; that the "public policy of13
Louisiana is that the compromise of disputes is highly favored and promotes judicial14
efficiency"; that it is "well settled that the law favors compromise and voluntary settlement15
of disputes out of court with the attendant saving of time and expense to both the litigants16
and the court. These same reasons compel favorable consideration of compromises of17
pending litigation"; that it is "common knowledge that the institution of law suits frequently18 SR NO. 206
SLS 14RS-5800 ORIGINAL
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leads to compromise of the underlying dispute thus terminating the litigation"; and that "the1
law favors settlement, particularly in class actions and other complex cases where substantial2
judicial resources can be conserved by avoiding formal litigation. The parties may also gain3
significantly from avoiding the costs and risks of a lengthy and complex trial."; and4
WHEREAS, there are public entities currently engaged in litigation with numerous5
private entities regarding alleged liability and damages arising from coastal oil and gas6
exploration, drilling, dredging, and production activities; and7
WHEREAS, such litigation is complex, expensive, time-consuming, requires8
substantial judicial resources, has spawned additional litigation and legislation, and has9
become a major source of ongoing political and legal controversy and issues for both the10
public at large and the specific public and private entities involved in the litigation; and11
WHEREAS, for these reasons all of the parties to such litigation should act in a12
reasonable and responsible manner and in furtherance of public policy by engaging in13
dispute resolution and settlement discussions concerning the litigation.14
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana15
does hereby urge and request the public and private entities currently engaged in litigation16
over coastal oil and gas activities to act reasonably and in furtherance of public policy by17
engaging in dispute resolution and settlement discussions.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Murray SR No. 206
Requests the public and private entities currently engaged in litigation over coastal oil and
gas activities to act reasonably and in furtherance of public policy by engaging in dispute
resolution and settlement discussions.