(Source: Reed Smith LLP) In a significant victory for the energy industry, on October 7, 2015, the San Antonio Court of Appeals affirmed summary judgment in favor of Marathon Oil Corporation, Marathon Oil EF, LLC (together 'Marathon') and Plains Exploration & Production Co. in a case brought by Michael and Myra Cerny, alleging that emissions from the companies' Karnes County Eagle Ford facilities caused them various injuries and property damage. The Cernys presented no expert medical testimony on the causation of their injuries, maintaining instead that such testimony is not necessary when the injuries claimed are within a lay person's common knowledge. The trial court disagreed and entered...
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