Gray Reed & McGraw

The Parol Evidence Rule at Work in a Mineral Transaction

A phrase currently in common usage begins with “‘cluster” and ends with a vulgarity that has been around for centuries. Saheid v. Kennedy presents facts that pretty much exemplify the meaning of the phrase..…more
| Energy & Utilities

Do You Even Meme Bro? The Law of Internet Memes

You know you’ve chuckled at a few of them–the ubiquitous internet meme. But, have you ever wondered whether all this sharing, changing and going “viral” is legal…more
| Communications & Media Law, Intellectual Property

Does it Matter if a Deed Correction is Material?

McCabe Trust v. Ranger Energy LLC, is the consequence of failing to comply with the Texas Property Code when correcting real property conveyances…more
| Commercial Law & Contracts, Energy & Utilities, Real Estate - Residential

Texas Supreme Court Confirms Broad Scope of Anti-SLAPP Law

Back in late 2015, I wrote a five-part series on the Expanding Scope of the TCPA or Texas’ Anti-SLAPP law. The Supreme Court of Texas confirmed our analysis last week with its decision in the ExxonMobil v. Coleman confirming…more
| Civil Procedure, Constitutional Law, Personal Injury

Lessons in Administering a Master Service Agreement

Is condensate a contaminant? When it spills and burns a worker, yes. In Hiland Partners v. National Union Fire Insurance Company the operator, an additional insured under a contractor’s commercial general liability insurance…more
| Commercial Law & Contracts, Energy & Utilities

Employers: Don’t Get Trumped by Trump’s Executive Order on Immigration

Last week Emma Grant’s line cook and 25 other undocumented employees at her bar-b-que restaurant Emma Grant’s Bar-B-Que were working the lunch shift when it was raided by Immigration and Customs Enforcement personnel, apparently…more
| Elections & Politics, Immigration Law, International Law & Trade, Labor & Employment Law

Give Me the Ring Back! Written Promises Around Engagements

On Valentine’s Day, Zack takes Kelly, his high school sweetheart who goes to a different college, to the Max for a romantic dinner. At the end of the meal Zack says, “Kelly, I want us to promise each other that after college…more
| Commercial Law & Contracts

Mineral Lease Prevails in Louisiana Royalty Dispute

Prevails over what, you ask? In Gladney v. Anglo-Dutch Energy, LLC, a conditional allowable from the Office of Conservation didn’t supersede lease royalty obligations…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Real Estate - Residential

Award for Nuisance From Gas Wells Squelched

It was a bad day for the Parrs in Aruba Petroleum v. Parr. The trial court judgment was against the operator for intentional nuisance. The Parrs recovered $2.9 million for pain and suffering and mental anguish and for loss of…more
| Civil Procedure, Civil Remedies, Energy & Utilities, Real Estate - Residential

Oil and Gas Arbitration – Did the Parties Get What They Bargained For?

First, a promise: I won’t report on another arbitration case until there is more to say than “business as usual”. Second, an opinion: Arbitration is still the right forum in many situations. Third, remember: An award and a…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Energy & Utilities

What Price For a Louisiana Servitude?

According to Enterprise Te Products Pipeline Company v. Avila, it is the value of the expropriated property, even if it is as little as 33 cents each to the landowners. This seemingly small case must have had big potential for…more
| Energy & Utilities, Real Estate - Residential

Oil Industry Custom and the Model Form JOA: A Debate

We begin with an existential question: “The philosophy behind all of the model form agreements is that aggressive drilling under the JOA should be promoted and rewarded. Agree or disagree? …more
| Energy & Utilities

Super Bowl Office Betting – Does it Cross the Line?

Riding her beloved Packers late-game win against the Dallas Cowboys, Allfer Funn, owner of Con Genial, is polishing her cheese head hat and dusting off her Super Bowl Squares Pool from last year in anticipation of the Big Game…more
| Art, Entertainment, & Sports Law, Labor & Employment Law

Oh, My Website Has to be ADA Compliant. Wait, What?!?!?

Dr. Nole Specs created a website for his successful optometry practice. Over the holidays, Dr. Specs received a threatening letter from Mo Dougherty, a plaintiff’s lawyer. Dougherty’s letter claims Specs’ website is not ADA…more
| Civil Rights, Communications & Media Law

It’s Now Easier To Be a Common Carrier Pipeline in Texas

We now know what it takes to establish common carrier pipeline status in Texas. According to the Texas Supreme Court in Denbury Green Pipeline Texas LLC v. Texas Rice Land Partners Ltd., all that is required is a reasonable…more
| Civil Procedure, Energy & Utilities
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