McGinnis Lochridge

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Areas Of Practice
  • Business Organizations
  • Education
  • Energy & Utilities
  • Environmental Law
  • Health
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Real Estate
  • Science, Computers, & Tech
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Number of Attorneys
25-50 Attorneys

Who Owns the Empty Space? Texas Supreme Court Affirms Surface Ownership of Salt Caverns in Landmark Ruling

In Myers-Woodward, LLC v. Underground Services Markham, LLC, No. 22-0878, 2025 WL 4356581 (Tex. May 16, 2025), the Texas Supreme Court resolved two significant issues affecting mineral owners and surface owners: (1) who owns the…more
 /  Commercial Law & Contracts, Energy & Utilities, Real Estate - Commercial

All Depths or Just One Formation? Court Clarifies Royalty Conveyance in Rock River v. Pioneer

This recent case (Rock River Minerals, LP v. Pioneer Nat. Res. USA Inc., No. 08-23-00216-CV, 2024 WL 4528917 [Tex. App.—El Paso Oct. 18, 2024, no pet. h.]) explored whether an assignment of an overriding royalty interest, which…more
 /  Commercial Law & Contracts, Energy & Utilities, Real Estate - Commercial

Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

Under Van Dyke, deeds with double-fraction royalty reservations referencing “1/8” are presumed to reserve a floating royalty interest unless clearly contradicted. Defenses like waiver, ratification, and limitations cannot…more
 /  Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Real Estate - Commercial

Can "Free of Cost" Term Achieve Point-of-Sale Royalty Base?

A lessee who halts production for less than 40 days and resumes without drilling or reworking does not terminate the lease. The continuous development clause keeps the lease active, and the cessation clause allows resumed…more
 /  Commercial Law & Contracts, Energy & Utilities

Texas Supreme Court Rules on Modification of NPRIs

In this recent case, the Texas Supreme Court resolved whether ratification of a lease or signing of a stipulation agreement could transform a fixed non-participating royalty interest (NPRI) into a floating NPRI…more
 /  Commercial Law & Contracts, Energy & Utilities, Real Estate - Commercial

Insurance Producer Exposure When Procuring Cover for Sophisticated Clients

Generally speaking, insurance producers face fairly routine obligations when procuring cover. Every state imposes a general duty to exercise that degree of care, skill and diligence a reasonable producer would exhibit to his…more
 /  Commercial Law & Contracts, Consumer Protection, Insurance, Professional Malpractice

Drowning in Liability: Court Extends "Waste" Rule to SWD Operator; but preserves RPO defense

In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while preserving…more
 /  Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Business Torts

Tackling Free-Use and At-The-Well Royalties

This lease royalty case involved a dispute over whether the lessee was permitted to deduct volumes of gas used off the premises to power post-production activities on other gas produced from the same well. Carl v. Hilcorp Energy…more
 /  Commercial Law & Contracts, Energy & Utilities, Real Estate - Commercial

Who Can Enforce Surface Provisions in an OGL?

Unitex WI, LLC v. CT Land & Cattle Co., LLC, No. 07-23-00390-CV, 2024 WL 3249338 (Tex. App.—Amarillo June 28, 2024, pet. filed)..…more
 /  Commercial Law & Contracts, Energy & Utilities, Real Estate - Commercial

Winter Storm Uri and Force Majeure: The Legal Battles Continue

Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims,…more
 /  Commercial Law & Contracts, Energy & Utilities
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