How long – if ever – has it been since you pondered the difference between a “tenancy in common” and a “joint tenancy”? Same for us, until the wheels came off a family relationship and a lawsuit was filed in Wagenschein v....more
In January I commented on the partnership that wasn’t and the lawyer whose actions give the rest of us a bad name. That was Stephens et al. v. Three Finger Black Shale Partnership et al. The court of appeal has substituted...more
In Barrow-Shaver Resources Company v. Carrizo Oil & Gas, Inc the Supreme Court of Texas has held again, here in a consent-to-assign dispute, that a contract means what the words say, even if in negotiations a landman said...more
Today is a two-fer. The questions: When does the “merger doctrine” not work in Texas, and how do courts treat technological developments created after a contract becomes effective?...more
As mentioned last week, the 86th Legislature amended the Texas Citizens Participation Act, Texas’ Anti-SLAPP law and defendants’ go-to weapon of destruction in a diverse range of cases....more
The answer depends on what part of “the oil business” you care about. The 86th Legislature produced a few, but not many, changes in laws affecting the business, (most going into effect on September 1). ...more
6/20/2019
/ Downstream Agreements ,
Drilling Waste Disposal ,
Emergency Alerts ,
Eminent Domain ,
Groundwater Management Plan ,
Independent Contractors ,
Midstream Contracts ,
Mineral Extraction ,
New Legislation ,
Non-Compete Agreements ,
Oil & Gas ,
Photovoltaic ,
Pipelines ,
Public Utilities Commission ,
Restrictive Covenants ,
Royalties ,
Solar Energy ,
Solar Panels ,
Tax Credits
Just because anthropogenic climate change is a legitimate concern doesn’t mean that the most radical pronouncements from the idealogues aren’t fair game for criticism....more
In Swift Energy Operating LLC v. Regency Field Services LLC, claims for damage to leased minerals allegedly caused by contamination spreading from an H2S-CO2 injection well were barred by limitations. When the cause of action...more
Did the lessor’s deposit of royalty checks for production from a pooled unit that she contends was improper ratify the improper pooling? In Strickhausen v. Petrohawk et al, a jury will have to sort out the answer....more
Thanks to the power of the trucking lobby, the prevailing policy on the question of who wins and who loses if a carrier of goods goes unpaid favors the carrier over the broker, shipper, consignor and consignee. ...more
Imagine how much better off you would be if the contract you want to enforce had been reduced to writing. See West v. Quintanilla for what happens when it wasn’t....more
Welcome to today’s grab-bag of unrelated topics.
The climate avengers are clever in the way they demonize the industry. They give zero credit for technological advancement. Truth is, the industry’s use of technology is...more
When you prepare, review and/or sign settlement agreements you sometimes pay less attention than you should to the details of those “standard” releases! Acme Energy Services, d/b/a Big Dog Drilling v. Staley et al. says,...more
4/29/2019
/ Commercial Bankruptcy ,
Contract Terms ,
Debt ,
Foreclosure ,
Liens ,
Mineral Exploration ,
Mineral Leases ,
Oil & Gas ,
Personal Liability ,
Real Estate Market ,
Releases ,
Settlement Agreements ,
Subcontractors
In resolving disputes among the mineral interest family, there is no bright-line rule delineating the duty of the executive right holder. In Texas Outfitters Limited v. Nicholson, the Texas Supreme Court explained why. The...more
Speedier than Jesse Owens in the ‘36 Olympics, Democrats railroaded the Colorado legislature passed, by party-line vote, Senate Bill 181, a new law that will have a profound effect on oil and gas operations in that state. It...more
4/9/2019
/ Climate Change ,
Energy Exploration ,
Energy Policy ,
Green New Deal ,
Mineral Extraction ,
Mineral Rights ,
Oil & Gas ,
Public Health ,
Regulatory Agenda ,
Regulatory Burden ,
Rulemaking Process ,
State and Local Government ,
Well Drilling
In Johnson et al vs. Chesapeake et al, unit operator Chesapeake deducted post-production costs (gathering, compression, treatment, processing, transportation and dehydration) from non-operating, unleased mineral owners’...more
Less than a year ago, we discussed the “Unanswered Questions” left in the wake of Devon Energy Prod. Co., LP v. Apache Corp. (which did answer the question, “Who is a ‘Payor’ Under the Texas Natural Resources Code?”). ...more
The latest Fifth Circuit opinion in Seeligson v. Devon Energy Production, L.P. is the latest round in a class action that has been developing since 2014....more
3/19/2019
/ Abuse of Discretion ,
Breach of Contract ,
Class Action ,
Class Certification ,
Commonality ,
Downstream Agreements ,
FRCP 23 ,
Gas Royalties ,
Implied Contract ,
Marketing Perspectives ,
Mineral Extraction ,
Oil & Gas ,
Predominance Requirement
Burlington Resources Oil & Gas Company, LP. v. Texas Crude Energy, LLC et al is another chapter in the back-and-forth over deduction of post-production costs from royalty payments....more
In Mercedes-Benz USA, LLC, et al v. Carduco, Inc. dealership franchisee Carduco sued franchisor Mercedes Benz for fraudulent inducement and negligent misrepresentation. ...more
Marsha Ellison v. Three Rivers Acquisition, LLC, et al. reminds us what is required for an instrument to be a conveyance and what is required for a stipulation to be effective....more
The Green New Deal, floating around Congress on a cloud of cow farts, is quite a grand and far-reaching manifesto. ...more
In another dispute over insurance coverage related to the Macondo Well blowout (a/k/a Deep Water Horizon incident),1 the Texas Supreme Court held that an endorsement reducing a policy’s limits for “liability” stemming from a...more
2/6/2019
/ BP ,
Duty to Defend ,
Indemnification ,
Insurance Claims ,
Insurance Litigation ,
Joint Venture ,
Liability ,
Oil & Gas ,
Policy Limits ,
Policy Terms ,
TX Supreme Court ,
Well Drilling
An opinion that observes “Obviously the jury was not overly enamored with Appellants.” is worth discussing. The decision is Stephens et al v. Three Finger Black Shale Partnership et al....more
The Colorado oil and gas industry breathed a collective sigh of relief when the state Supreme Court announced its unanimous decision in Colorado Oil and Gas Conservation Commission v. Martinez. ...more