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Retail Electricity Customers Denied Relief from Uri

In re Luminant Generation Company LLC et al is a bitter pill for the litigation hangover from Winter Storm Uri. Takeaway: Texas does not recognize a legal duty owed by wholesale power generators to retail customers to provide...more

Who is responsible for the negligence of the “company man” on the well?

Parkman v. W&T Offshore, Inc., et al features two contractors playing hot potato over liability for a company man’s alleged negligence. The takeaway: Write your Master Service Agreement to address your liability concerns, and...more

Louisiana Oilfield Settlement Agreement Fails to Release Non-Party

Most states call it a third-party beneficiary contract. Leave it to Louisiana to be different. In Adams v. Chevron USA Inc., the plaintiffs claimed that oilfield pipe-cleaning activities of Chevron and others contaminated...more

Louisiana Legacy Lawsuit Survives Motion to Dismiss

Withrow v. Chevron is another Louisiana legacy lawsuit, this one claiming that defendants Chevron and Vernon E. Faulconer, Inc., and their predecessors, improperly disposed of toxic and hazardous oilfield wastes in unlined...more

Texas Court Addresses MSA Indemnity Obligations

At issue in RKI Exploration and Production LLC v. AmeriFlow Energy Services LLC and Crescent Services, LLC. were two Master Service Agreements.  RKI was the operator of a well in Loving County; AmeriFlow and Crescent were...more

Landowners Vanquished by the Discovery Rule

Is it worth spending extra dollars, days, and windshield time to discover what mischief your oil and gas operator might be making on your property? The landowner-plaintiffs in Mustafa v. Americo Energy would certainly say so....more

Operator Escapes Liability For a Gas Kick and Resulting Fire

The Texas Civil Practices and Remedies Code, Chapter 95, limits a property owner’s liability when an independent contractor hired to construct, repair, renovate or modify an improvement to the owner’s property brings a...more

Stray Cows and Oilfield Operations Do Not Play Well Together

Foote and Cypert v. Texcel Exploration and Decker determined that cattle loitering uninvited around a well and tank battery are trespassers, not licensees. How it happened - Foote arranged with Yates to graze 650 head...more

What is “Willful Misconduct” in Texas and Louisiana?

Apache Corporation v. Castex Offshore Inc. et al, answers the question, What constitutes willful misconduct in oil field operations? This was a breach of contract suit involving operator Apache and non-operator Castex....more

The Oil Producer and Premises Liability During Covid-19

Let’s set aside fracking challenges, low prices, and pipeline rejections to discuss the mundane. Should you as an owner of property be concerned about premises liability claims? We’re talking about the office environment and...more

Asserting a Losing Title Claim Isn’t (Always) Tortious

In Texas losing a title dispute doesn’t mean you committed myriad heinous torts by asserting your rights in the first place. The test: Were you reasonable in bringing your colorable but not correct claim? So says Dorfman v. J...more

Are Oilfield Contractors Liable For Road Damage?

No, at least not in Dimmit County, Texas, under the facts of In Re: Wood Group PSN, Inc. et al. Twenty-nine contractors and producers were sued by Dimmitt County for damaging a 6.9 mile long non-asphalt county road by their...more

Choice of Law Matters in an Oilfield Indemnity Suit

Did Texas law or New Mexico law apply to knock-for-knock indemnity provisions of a Master Work and Services Agreement? When a contract itself explicitly calls for Texas law, that is likely to be the outcome, as it was in...more

Texas Accomodation Doctrine Claim Repudiated

Harrison v. Rosetta Resources Operating LP presents a wacky? time-wasting? clever? unsuccessful attempt to expand reinvent the Texas accomodation doctrine....more

MSA Indemnity Denied Under The Louisiana Oilfield Indemnity Act

Cardoso-Gonzales v. Anadarko Petroleum Corp. addressed the all-important indemnity and insurance provisions in Master Service Agreements in light of the Outer Continental Shelf Lands Act and the Louisiana Oilfield Indemnity...more

Original Louisiana Lessee Can’t Escape Liability

Louisiana practitioners and their clients tend to know this particular point of Louisiana law, but it could surprise out-of-staters (known in their native habitat as “Texans”), so it’s worth a reminder...more

An Indemnity Agreement Means What it Says

We are reminded in Claybar v. Samson Exploration that a court will (if it’s doing its job) enforce an agreement according to what it actually says, not by that which one party or the other would have liked it to say or...more

Blame Game Fails Louisiana Casing Vendor

There’s no better place in the oil patch to play the blame game than 10,000 feet of leaky wellbore. What went wrong? In Justiss v. Oil Country Tubular Corporation, Justiss, a drilling contractor, entered into an IADC...more

Texas Courts Continue Their Romance With Arbitration

The lessons in Craddick Partners Ltd. v. EnerSciences Holdings, LLC are three: Parties who have not signed an agreement to arbitrate have standing to compel arbitration; artful pleading to avoid arbitration won’t work; and...more

Railroad Commission Plugs the Wrong Well – Another Issue

“Back in the day, when the Yankees always won the World Series and you could name a park after a Confederate general, we didn’t need no written contract; a man’s word was his bond, … yadda, yadda, yadda”....more

Railroad Commission Not Off the Hook for Plugging the Wrong Well

“You are my friend, kind of.” Hush Puppy, as she stares down the Aurochs in Beasts of the Southern Wild. Is our “friend” the Texas Railroad Commission? Gulf Energy bought a package of offshore wells out of bankruptcy....more

Your MSA is in Place – Now What?

Are you an operator who hires contractors on location, … a contractor who hires subcontractors, … the party to be indemnified for injuries to the other party’s employees? This post is for you. Salas v. Allen Keller...more

Hydrocarbon Exposure Dismissal Affirmed

You might recall previous entries discussing Parr v. Aruba – a suit for personal injuries from oilfield pollution (and a $2.9MM verdict for the plaintiffs). Not all similar suits have the same result....more

Compressor Station Negligent Nuisance Verdict Reversed

Therapist: “We’re here today in group to bring closure to the traumatic events of Crosstex North Texas Pipeline L.P. v. Gardiner. Each side claims mistreatment by his adversary and by one component or another of the civil...more

Who Needs A Master Service Agreement?

You do, whether you are a vendor or an operator. Matador Production Company vs. Weatherford Artificial Lift Systems, Inc. is a treatise on what can go wrong with a frac job: Failure of pumps, worker inexperience, failure of...more

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