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The Louisiana Court of Appeal, Second Circuit, on September 30, 2026, reversed the denial of XTO Energy’s motion for partial summary judgment and dismissed plaintiffs’ intentional-tort claims against XTO with prejudice. The court relied on plaintiffs’ statement that they did not wish to pursue those claims; it did not decide who caused the explosion or whether the alleged facility defect existed.
What the Louisiana Second Circuit decided
The ruling came in consolidated writ proceedings associated with the Hardaway litigation. XTO had challenged the trial court’s denial of its motion for partial summary judgment on intentional tort. The appellate court granted that motion and dismissed the intentional-tort claims against XTO with prejudice. It also assessed appellate costs to plaintiffs.
The court explained its basis directly: “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.” The judgment was issued September 30, 2026. Read the opinion; the Louisiana Second Circuit opinions index lists the disposition as “Reversed; Claims Dismissed with Prejudice.”
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What happened at the Cotton Valley facility
The case arose from a May 9, 2022 flash fire and explosion at a propane bulk storage and transportation facility in Cotton Valley, Louisiana. XTO owned the facility, while Aeropres Corporation leased and operated it. The opinion’s background says employees were transferring liquid propane when a hose leaked and the propane ignited.
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What the judgment does—and does not—resolve
- It resolves: plaintiffs’ intentional-tort claims against XTO, which were dismissed with prejudice through the appellate court’s partial-summary-judgment ruling.
- It does not resolve: the factual merits of the alleged facility defect or who caused the explosion. The opinion’s stated basis was plaintiffs’ disclaimer of their intentional-tort claims against XTO.
- It does not establish: that every claim in the underlying litigation was dismissed, or that claims against Aeropres were resolved by this disposition. The judgment described here is limited to the intentional-tort claims against XTO.
Rehearing and procedural status
The judgment states that an application for rehearing may be filed within the delay allowed by Louisiana Code of Civil Procedure article 2166. The available court materials cited here do not establish whether rehearing or further review was later sought, so the ruling should be described according to the issued disposition rather than as procedurally final beyond its terms.
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