Gray Reed & McGraw, P.C.

Denbury Part II: Big Changes Coming in Texas Pipeline Condemnations ?

Is Denbury’s Green Pipeline a common carrier? That question is alive and well in Texas. In Texas Rice Land Partners Ltd. v. Denbury Green-Texas Pipeline, LLC, the Beaumont court of appeals reversed a summary judgment granted by…more

Appeals, Common Carriers, condemna, Oil & Gas, Pipelines

See All Updates »

CO2 is Good

In French vs. Occidental Permian, Ltd. the Texas Supreme Court held that costs associated with injection of carbon dioxide into a reservoir in a tertiary recovery operation were properly deducted from royalties. This case…more

Carbon Capture and Sequestration, Carbon Emissions, Energy, Greenhouse Gas Emissions, Oil & Gas

See All Updates »

A Cost-Free Royalty Clause That Works – Part Two: The Override

Welcome to part two of the hair-splitting decision in Chesapeake Exploration, L.L.C. v. Hyder. See our prior post about the basic facts…more

Energy, Oil & Gas, Royalties

See All Updates »

The Coming Silver Tsunami: Families May Lose 70% in Wealth Transfer

Record Wealth Transfer. Over the next 30-40 years about $12 trillion from those born in 1920s and 30s will be transferred to the baby boomers, and the boomers are expected to transfer some $30 trillion to their heirs, with more…more

Beneficiaries, Family Businesses, Successors

See All Updates »

Texas eMediaLaw Legislative Update: 2015

It’s Spring in Texas which means one of two things – the bluebonnets are out and in odd years, our legislature is back at work. One makes me grateful to be in Texas and the other only meets every other year. Here are a few…more

Defamation, Frivolous Lawsuits, Patent Litigation, Pending Legislation, Service of Process

See All Updates »

Operator Can’t Recover Drilling Costs For Affiliate’s Expensive Rig

In Elm Ridge Exploration Co., LLC v. Engle we are reminded of a little-used provision in the 1989 Model Form Operating Agreement. Article VI.D.1 allows the operator to use its own equipment, but his charges may not exceed…more

Breach of Contract, Business Litigation, Oil & Gas, Operating Agreements, Well Drilling

See All Updates »

Pipeline Loses Effort To Condemn Private Land

Private property rights advocates scored a big victory in a Texas condemnation case in the ongoing battle between pipelines and landowners over the power of eminent domain. (See our last post for a decision with the opposite…more

Common Carriers, Eminent Domain, Liquid Natural Gas, Petroleum, Pipelines

See All Updates »

Ambiguity Sends An Overriding Royalty Dispute Back To The Trial Court

It must be maddening to non-lawyers that a large segment of an industry can operate in harmony by agreeing that a contract in widespread use means one thing, only to have party-crashers decide it means another…more

Ambiguous, Contract Disputes, Royalties, Trials

See All Updates »

Texas Well Integrity Rule Revised

The Texas Railroad Commission has clarified and strengthened Rule 13, relating to requirements for drilling, putting pipe down, and cementing wells. The amendment will go into effect on January 1, 2014…more

Amended Legislation, Fracking, Groundwater, Underground Injection Wells

See All Updates »

North Dakota Good Faith Purchasers: At What Point is Notice Relevant?

The Question - In order to be a good faith purchaser, a party must not have actual or constructive notice of another’s rights. Northern Oil and Gas v. Creighton asked, When should the determination of whether a party has…more

Commercial Leases, Constructive Notice, Mineral Leases, Oil & Gas

See All Updates »

The Duhig Rule – State By State

As promised in our last post, here is a state-by-state review of the Duhig Rule - who has adpoted it, who hasn’t, and who might. Texas – Duhig v. Peavey Moore Lumber Company, 135 Tex. 503, 144 S.W.2d 878 (1940) was a…more

Duhig Rule, Energy, Oil & Gas

See All Updates »

A Measle-ly Lawsuit: Can Parents Who Don’t Vaccinate their Children be Sued?

Yearning to leave the frozen wasteland of Dallas, Texas behind her if just for a moment, Penny McCrathy, an outspoken anti-vaccination advocate, took her unvaccinated children to Disneyland in Anaheim, California. Not knowing…more

Breach of Duty, Causation, Healthcare, Vaccinations

See All Updates »

Tax Cheats Can Go Wild In Dallas Texas

The Washington Post published an article on April 8, 2015 titled “In Dallas, the IRS says it can’t chase tax cheats who owe less than $1 million.” Here is a section of the article..…more

IRS, Tax Evasion

See All Updates »

Employment Law 101: Sex Discrimination

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: Title VII was passed in the 1960s to protect against discrimination based on race, color, religion, sex or national…more

Discrimination, Employer Liability Issues, National Origin Discrimination, Popular, Race Discrimination

See All Updates »

Title Troubles In Texas, North Dakota And Montana: Right Of Way v. Fee Conveyance

If you examine titles or read title opinions, this post is for you. I was recently examining instruments for an East Texas title opinion when I came across an instrument that, at first glance, appeared to be an easement…more

Contract Drafting, Easements, Quitclaim Deeds, Title Examination

See All Updates »

Deepwater Horizon Settlement Fine-Tuned By Fifth Circuit

The Fifth Circuit has taken steps to fine-tune the interpretation and implementation of the agreement BP negotiated to settle its massive liabilities arising from the April 2010 oil spill following the explosion of the Deepwater…more

Deepwater Horizon, Gulf Oil Spill, Settlement

See All Updates »

Qualified Domestic Relations Orders: Little-Known Issues Involving Dividend Pass-Through Elections And Same-Sex Spouses

As most family law practitioners are aware, ERISA and the Internal Revenue Code (“IRC”) do not permit a participant in a retirement plan to assign or alienate his/her interest in that plan to another person. These rules are…more

ERISA, QDRO, Retirement Plan, Same-Sex Marriage

See All Updates »

What Can I Get From My Lessee if I Ask the Court For It?

It s been said that if you don’t ask for what you want you’ll get what you deserve. Mr. Hooks took that truism to heart. Hooks v. Samson is about more than the discovery rule (See last week). Here are the other claims at…more

Mineral Leases, Most-Favored Nations, Oil & Gas, Royalties

See All Updates »

Non-Operators Shake Off The JOA Tar Baby

Non-operators have had a lot in common with Br’er Rabbit ever since 2006, when the Texas Supreme Court surprised the industry in Seagull Energy E & P, Inc. v. Eland Energy, Inc. Their tar baby is the ruling that, absent a…more

Assignments, Joint Operating Agreement, Oil & Gas, Successor Liability

See All Updates »

The 1956 Model Form JOA Does Not Apply To Future Leases

I learned to drive on an old, black, stick-shift, straight-six, no-radio, no-A/C automobile manufactured the year after the AAPL’s first Form 610 - Model Form Operating Agreement was created. The ’57 Chevy is now considered a…more

Contract Drafting, Joint Operating Agreement, Leases, Oil & Gas

See All Updates »

Hold On To Your Insurance … Federal Court Certifies Deepwater Horizon Questions To Texas Supreme Court

BP’s woes from the Deepwater Horizon disaster in the Gulf continue. The federal Fifth Circuit in In re: Deepwater Horizon, withdrew an opinion of a three-judge panel and certified questions for consideration by the Supreme Court…more

BP, Commercial General Liability Policies, Deepwater Horizon, Gulf Oil Spill, Insurers

See All Updates »

Deepwater Horizon Settlement Fine-Tuned By Fifth Circuit

The Fifth Circuit has taken steps to fine-tune the interpretation and implementation of the agreement BP negotiated to settle its massive liabilities arising from the April 2010 oil spill following the explosion of the Deepwater…more

Deepwater Horizon, Gulf Oil Spill, Settlement

See All Updates »

Don’t Be A Target: Mitigating Liability From Cyber Attacks

During the holiday season, Bullseye, a big box retailer, was the victim of a cyber attack that compromised the credit and debit card information (including PIN and CVV codes) of nearly 40 million of its customers. The attack…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Target

See All Updates »

Confusing Expiration Labels Cost Texas Restaurants

All restaurants have to deal with the issue of throwing away food at the end of the day. According to the National Resources Defense Council (NRDC), a powerful environmental action group and the Harvard Food Law and Policy…more

Resorts & Restaurants, Restaurant Industry

See All Updates »

Have You Considered Parking In Your Restaurant Lease?

Shockingly, many restaurant leases fail to account for parking. More often, the landlord considers whether there is enough parking before entering into the restaurant lease negotiations, but they don’t account for it in their…more

Commercial Leases, Contract Negotiations, Parking Lots, Restaurant Industry

See All Updates »

What is Your Texas Legislature Doing for You Today?

The Texas legislature has been busy on energy. House Bill 40, similar to House Bills 539 and 540, steamrolled through the House of Representatives last week by a vote of 122 to 18. Reminds us of A L pitchers not rookies…more

Legislative Agendas, Oil & Gas, Pending Legislation, Preemption, Railroads

See All Updates »

A Lesson in Lease Administration

What must a Louisiana lessee do to avoid statutory penalties for non-payment of royalty, and what must a royalty owner do to put the lessee on notice that royalties are not being paid? The answers are, more than the lessee did…more

Mineral Leases, Royalties, Statutory Penalties, Trust Administration

See All Updates »

5th Circuit Blocks Punitive Damages in Maritime Case

In McBride v. Estis Well Service, LLC, the federal 5th Circuit Court of Appeals determined that punitive damages are not available to seamen under the Jones Act or under general maritime law. In those cases, recovery is limited…more

Appeals, Jones Act, Offshore Drilling, Oil & Gas, Pecuniary Losses

See All Updates »

Implied Warranties: Part One (Goods)

Texas law imposes certain implied warranties on the sale of goods, regardless of whether the warranties are mentioned in the contract. In particular, Texas law creates the warranty of “merchantability” and the warranty that the…more

Fitness for Particular Purpose, Warranties

See All Updates »

Mixed Result In A Louisiana Legacy Pollution Case

The Dietz family sued several lessees for injunctive relief and restorative damages arising out of leases on two non-contiguous tracts in Acadia Parish. In Dietz, et al. v. Superior Oil Company, et al the trial court granted…more

Contaminated Properties, Groundwater, Oil & Gas, Premature Claims, Ripeness

See All Updates »

Partner Liability: Out of the Woods?

Debbett Runnup Partnership, a Texas general partnership, was sued by Widgets R Us in 2010 for failing to pay Widgets R Us invoices. Judgment was granted to Widgets in 2012 against Debbett Runnup for $300,000. After chasing…more

Creditors, Debt Collection, Partnerships, Personal Liability, Statute of Limitations

See All Updates »

Hydrocarbon Exposure Reconsidered

You might recall previous entries discussing the $2.9 million Dallas County verdict and judgment in Parr v. Aruba. Not all similar suits have the same result. Michael and Myra Cerny sued Marathon Oil Corp. and Plains…more

Hydrocarbons, Negligence, Oil & Gas, Toxic Exposure

See All Updates »

Contact

1601 Elm Street Suite 4600
Dallas, Texas 75201, United States

Contact: Michael Blachly

  • (214) 237-6370

Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Health
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Products Liability
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Texas
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×