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What the court decided
In consolidated writ proceedings tied to the Hardaway litigation, the Second Circuit reversed the trial court’s denial of XTO’s motion for partial summary judgment on intentional tort, granted the motion, and dismissed those claims against XTO with prejudice. The court also assessed appellate costs to plaintiffs. The official court index lists Judge Marcotte as the opinion’s author and gives the disposition as “Reversed; Claims Dismissed with Prejudice.” Louisiana Second Circuit opinions index.
The court explained its basis: “Because plaintiffs state that they do not wish to pursue their intentional tort claims against XTO, we reverse the trial court and grant XTO’s motion for partial summary judgment on intentional tort.” Opinion reproduced by Justia.
Why the intentional-tort claims were dismissed
The stated reason was plaintiffs’ decision not to pursue the intentional-tort claims against XTO. The disposition is therefore procedural in scope: it grants XTO partial summary judgment on those claims rather than resolving the underlying factual dispute about the facility.
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What happened at the facility
The opinion’s background says the case arose from a flash fire and explosion on May 9, 2022, at a propane bulk storage and transportation facility in Cotton Valley, Louisiana. XTO owned the facility, and Aeropres Corporation leased and operated it. Employees were transferring liquid propane when a hose leaked and the propane ignited, according to the opinion.
What the ruling does—and does not—cover
- It covers: plaintiffs’ intentional-tort claims against XTO Energy, Inc., as addressed in this appeal.
- It does not establish: that XTO caused the explosion or that the alleged facility defect existed; the opinion’s stated basis was plaintiffs’ disclaimer, not a factual determination on those questions.
- It does not, by itself, dismiss: every claim in the underlying litigation or claims against Aeropres. The disposition described here is specifically about intentional-tort claims against XTO.
Judgment date and rehearing
The Second Circuit issued its judgment on September 30, 2026. The judgment says an application for rehearing may be filed within the delay allowed by Louisiana Code of Civil Procedure article 2166. The cited materials do not establish whether rehearing or further review was later sought, so the issued disposition should not be taken as confirmation of later procedural status.
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