Noble Energy, Inc. v. Prospective Investment & Trading Co.

MEMORANDUM RULING

JAMES T. TRIMBLE, JR., District Judge.

Before the court is “Noble’s Motion for Partial Summary Judgment on its Burden of Proof as to Liability” (R. # 124) wherein the mover seeks to have the court rule in advance of trial as to its burden of proof at trial. Specifically, Noble Energy, Inc. (“Noble”) maintains that because defendant, The Prospective Investment and Trading Company, Ltd. (“PITCO”), refused Noble’s tender of defense, under Oklahoma law, 1 Noble need only prove that it was potentially liable, not actually liable on the claim for which it seeks indemnity. PITCO, on…