Brooke Sizer

Brooke Sizer

Gray Reed & McGraw, P.C.

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More Seismic Rumbling in Louisiana

In Olympia Minerals et al v. HS Resources, et al, the Louisiana Supreme Court addressed a decision we discussed in a February entry by affirming in part, reversing in part, amending in part and remanding (because why do one...more

11/20/2014 - Breach of Contract Construction Industry Contract Disputes Data-Sharing Mineral Leases Mineral Rights Remand Reversal Seismic Data

Faulty Property Description Haunts Louisiana Servitude

Halloween is approaching, so let’s talk poltergeists – troublesome spirits that haunt a specific location. Where do they come from? In Quality Environmental Processes, Inc. v I.P. Petroleum Company, Inc., it was from a faulty...more

10/15/2014 - Energy Mineral Rights Oil & Gas Royalties

Treachery of the Untrustworthy Trustee

In 2006, Fred Houston created the Fred L. Houston Trust and placed into it the Tenneco lease, which had been producing since 1974. Ms. Williams was the trustee. The trust instrument declared the trust “… irrevocable and may...more

8/6/2014 - Energy Estate Planning Oil & Gas Spendthrift Trusts Trusts

This is Why You Need a Will

Let’s talk title disputes, especially ones between those with record title and those claiming title by possession: - They are complicated (There were 229 defendants in today’s case) - They happen when there is a lot...more

7/23/2014 - Estate Planning

The Non-Binding Agreement – Louisiana Edition

No. In 2008 as the Haynesville Shale was being developed at breakneck speed, companies rushed to lease and landowners banded together in groups in order to obtain the best terms. Landowner Mr. Walsworth joined the “Go...more

7/16/2014 - Commercial Leases Haynesville Shale Mineral Leases Oil & Gas

Oral Transfer Of An Immovable Is Established In Louisiana

In Louisiana, in order to have a valid oral transfer of immovable property under Civil Code Art. 1839, two requirements must be met: Delivery must be actual—physical possession must be in the transferee who claims...more

12/12/2013 - Assignments Estate Planning Heirs Mineral Rights Oral Contracts

How An Oil And Gas Scammer Avoided Justice

Scoundrels often get away with their crimes by scamming lots of victims for small amounts, so that no one investor can afford to prosecute his claim. Big Rock Investors Association v. Big Rock Petroleum, Inc. was an...more

12/10/2013 - Breach of Duty Fiduciary Duty Oil & Gas Scams

Haynesville Shale Fraud Judgment Reversed

Vestiges of the early Haynesville Shale land rush remain. Imagine: The lease is about to expire. Lessee (Mecom) offers lessor (Henderson) $90 per acre for an extension, telling him, “I could extend for two more years...more

11/12/2013 - Fraud Mineral Leases Oil & Gas Reversal Shale Gas

BLM Clarifies Bond Requirements

The Bureau of Land Management released a new Instructional Memorandum 2013-151, clarifying the re-evaluation of bonds required for operations on federal lands. The purpose was to clearly define the terms and conditions now...more

11/1/2013 - Bonds Bureau of Land Management Government Land Risk Assessment

Seismic Map Is At The Center Of Trade Secret Case

The ”tradition” of stealing a prospect generator’s maps – and getting caught at it – is alive and well. Lamont et al v. Vaquillas Energy Lopeno Ltd et al is the second recent Texas case on theft of trade secrets and, like the...more

9/30/2013 - Energy Seismic Data Trade Secrets

When Is The Client Liable For The Acts Of The Independent Landman?

PanAmerican Operating Inc. v. Maud Smith Estate highlights the perils of working through independent landmen: maintaining enough control to be sure the work is done as you like it, but also wanting authority to disavow his...more

8/1/2013 - Independent Contractors Leases Oil & Gas

Fracking Stymied On Federal Lands In California

In an opinion with as many acronyms as the Dallas Cowboys have draft-pick detractors, a California federal court in Center For Biological Diversity v. Bureau of Land Management, held that the BLM violated the National...more

5/9/2013 - Fracking Leases NEPA Oil & Gas

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