News & Analysis as of

Oil & Gas Tortious Interference

Gray Reed

Lessee Can’t Satisfy Texas Supreme Court’s Force Majeure Requirements

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Imagine these facts in a force majeure dispute (as presented in Point Energy Partners Permian LLC et al. v. MRC Permian Company). Lessee (MRC) invokes the force majeure provision of an oil and gas lease, asserting that...more

Gray Reed

Texas Court Applies Amended Citizens Participation Act to a Lease Dispute

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Howard, et al. v. Matterhorn Energy, LLC, et al. [6th Dist.] May 4, 2021 considered the Texas Citizens Participation Act as amended, effective on September 1, 2019....more

Gray Reed

Lessons from an Operating Agreement Dispute

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Jatex Oil & Gas, L.P. v. Nadel & Gussman Permian, L.L.C. presents several teachable moments: The Texas Property Owner Rule does not allow a non-expert testify on matters requiring expert testimony....more

Gray Reed

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

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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

Gray Reed

Can Emails Establish an Easement in Texas?

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Email is the way we communicate these days. Whether emails create a contract is important if you’re thinking nothing short of a dead tree could ever bind anybody or, to the contrary, your goal is to establish an enforceable...more

Gray Reed

The Rule Against Perpetuities is Alive and Enforceable in Oklahoma

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Today we venture into Oklahoma, to be instructed on the Supreme Court’s treatment of the Rule Against Perpetuities. First, the Rule: No property interest is good unless it must vest, if all, not later than 21 years after...more

Gray Reed

Option Contract Ruling Reversed by Texas Supreme Court.

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North Shore Energy v. Harkins interpreted an Option Agreement between landowners and a producer over a 400 acre tract. In football they would say the Texas Supreme Court pancaked the plaintiff. In the law, some would call it...more

Winstead PC

Court Holds That Fiduciary Shield Doctrine Does Not Protect A Representative From Tortious Conduct

Winstead PC on

In Ren v. ANU Res., LLC, a plaintiff sued an entity and its representatives for breach of contract, breach of fiduciary duty, and other tort claims arising from investments in oil and gas properties. No. 14-16-00035-CV, 2016...more

Gray Reed

Texas Courts Continue Their Romance With Arbitration

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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

Morris James LLP

Superior Court Explains Interference With Prospective Business Relationship And Good Faith Claim

Morris James LLP on

This decision does an excellent job of setting out the elements of a claim for interference with prospective business relationships. Even better, it is a comprehensive summary of the elements of a claim for breach of the duty...more

Beveridge & Diamond PC

Third Time Is the Charm for Refinery in Getting Claims Dismissed With Prejudice

Beveridge & Diamond PC on

In a case that tested a federal judge’s patience for inadequate pleadings, a Michigan federal court shut down a group of business owners’ repeated attempts to craft viable tort claims against an oil refinery in a...more

Gray Reed

You Own the Oil. Do You Own the Rock?

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Riddle: What’s the difference between a hydrocarbon molecule and the underground structure which the molecule inhabits? Answer: In Texas, you can own one and not the other, according to Lightning Oil Co. v. Anadarko E&P...more

Bracewell LLP

Partnership Verdict in Dallas: You May be Married and Not Know it

Bracewell LLP on

On Tuesday, March 4, 2014, a Dallas jury found that Enterprise Products Partners, L.P. (Enterprise) had entered into a partnership with Energy Transfer Partners, L.P. (ETP) to jointly develop a crude oil pipeline from...more

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