Tyler Kostal focuses her litigation practice on resolving complex energy, environmental, and commercial disputes for corporate clients, including those in the energy industry. She has represented clients in demands and lawsuits involving environmental contamination, oil and gas exploration and production, wetlands loss, pipelines, toxic tort personal injury, commercial disputes, class actions, and appeals. She also assists clients with Medicare reporting and compliance obligations for toxic tort exposure claims.
Representative Experience
- Environmental lawsuits involving soil, sediment, groundwater, drinking water, and other alleged impacts related to oil and gas exploration and production activities, gas processing/midstream operations, and refining operations in Louisiana.
- Oilfield legacy lawsuits involving Louisiana Act 312 and claims for alleged breaches of mineral leases, surface agreements, and the Louisiana Mineral Code.
- Regulatory matters at the Louisiana Department of Natural Resources and Louisiana Department of Environmental Quality.
- Land loss lawsuits involving claims for subsidence and alleged breaches of pipeline rights-of-way, surface leases, and the Louisiana Coastal Zone Management Act.
- Naturally Occurring Radioactive Material exposure and contamination lawsuits involving personal injuries and property damages, including class action and mass joinder cases.
- Lawsuits involving mineral rights, royalties, surface ownership, and commercial disputes.
- Oil and gas litigation relating to the Haynesville Shale.
- Contractual disputes, including claims for indemnity under terms of sale agreement.
- Writs and appeals filed with Louisiana and federal courts of appeal, including the U.S. Supreme Court.
- Medicare and Medicare Advantage Plan lien evaluation and resolution for toxic tort matters, including global resolutions.
Education
- Loyola University New Orleans College of Law, J.D., cum laude, 2010
- Member, Loyola Law Review
- Member, Maritime Law Society
- Recipient, Law Excellence Award for Moot Court
- Recipient, William L. Crowe, Sr., Scholar
- University of Mississippi, B.B.A., Economics and Marketing, cum laude, 2005
Admissions
- Louisiana
- U.S. District Court for the Eastern District of Louisiana
- U.S. District Court for the Middle District of Louisiana
- U.S. District Court for the Western District of Louisiana
- U.S. Court of Appeals, Fifth Circuit
- U.S. Supreme Court
Memberships
- Member, New Orleans Bar Association
- Member, Louisiana State Bar Association
- Member, Federal Bar Association
- Member, Fifth Circuit Bar Association
- Member, Women's Energy Network (Southeast Louisiana Chapter)
- Vice Chair, Institute for Energy Law (Young Energy Professionals Programming Subcommittee)
- IEL Young Energy Professional Leadership Class, 2021-2022
Recognition
- "Ones to Watch," The Best Lawyers in America, 2021-2025
- "Rising Star," Louisiana Super Lawyers, 2019-2020
Articles, Publications and Presentations
- "Sanctions Handed Down to Lawyers Who Cited Fake Cases, Relying on ChatGPT," Intellectual Property Blog, June 23, 2023
- "Louisiana Supreme Court on Mental Anguish Without Physical Injury," Louisiana Law Blog, March 10, 2023
- "The Federal Arbitration Act: When jurisdiction arises solely from a federal question in the underlying dispute, can a federal district court confirm or vacate an arbitration award under the FAA? Stay tuned for an answer from SCOTUS!," Louisiana Law Blog, November 8, 2021
- "Medicare Update: You Could Face Big Penalties for the Failure to Report," Louisiana Law Blog, February 14, 2020
- "Sharing is Not Caring: Copyright Violations in the Age of Email Distribution," Louisiana Law Blog, May 3, 2019
- "Tips for Working with Experts as an Associate: From Retention to Preparation for Trial," Kean Miller Attorney Development, November 5, 2018
- "Flood Protection Authority Files Petition for Writ of Certiorari with the United States Supreme Court," Louisiana Law Blog, July 11, 2017
- "Forest Oil: Texas Supreme Court Rejects Exclusive Jurisdiction of the Texas Railroad Commission over Oilfield Contamination Claims," Louisiana Law Blog, June 27, 2017
- "U.S. Fifth Circuit Upholds Dismissal of Flood Protection Authority Case Against Oil and Gas Industry Members," Louisiana Law Blog, March 3, 2017
- "CMS Recovery and Reporting Thresholds," Louisiana Law Blog, January 17, 2017
- "Medicare Reporting and Reimbursement Compliance," Risk Management Briefing, October 2016
- "Medicare's Commercial Repayment Center Means Business: Swift Deadlines on Conditional Payment Notices and Demand Letters," Louisiana Law Blog, September 2016
- "How to Keep Medicare from Calling After Settlement," Stay Out of Hot Water in Louisiana CLE and CE, Kean Miller Seminar, April 2016
- "Coastal Erosion Lawsuit Against the Oil and Gas Industry Dismissed," Louisiana Law Blog, March 4, 2015
- "Update: Punitive Damages: "One Bite of the Apple" or Exception to Res Judicata," Louisiana Law Blog, February 12, 2015
- "Punitive Damages: "One Bite of the Apple" or Exception to Res Judicata," Louisiana Law Blog, October 14, 2014
Community Service
- Volunteer, Harry Tompson Center (Homeless Experience Legal Protection Program)
- Alumna, Phi Mu Fraternity