News & Analysis as of

Mineral Extraction Business Disputes

Gray Reed

Is a Merger a “Transfer of Leases”?

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In Texas, no. Read on to learn why. In Nortex Minerals LP v. Blackbeard Operating LLC et al, the question was the meaning of this limited assignment provision in the “Alliance Leases”, oil and gas leases covering 27,000 acres...more

Gray Reed

Duhig Rule Claim is Unsuccessful

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The Duhig Rule is back, this time in Echols Minerals LLC, et al v. Green et al. Framing the discussion, Duhig v. Peavy Moore Lumber Company and Trial v. Dragon - In Duhig the grantor in a general warranty deed...more

Gray Reed

Fifth Circuit Punts Postproduction Cost Question to Louisiana Supreme Court

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The question in Self v, BPX Operating Company is how to balance the Louisiana Civil Code Art 2292 principle of negotiorum gestio against Louisiana’s conservation statutes....more

Gray Reed

How to Lose Your Working Interest in 26 Annual Steps

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Can a non-operating working interest in a Texas oil and gas lease be adversely possessed? The Amarillo Court of Appeals said yes in PBEX II, LLC v. Dorchester Minerals, L.P....more

Gray Reed

Reserved Royalty Interest is “Floating”

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Texas courts continue to address the “fixed or floating” non-participating royalty interest question. The El Paso Court of Appeals’ answer in Bridges v. Uhl et al. was floating, based on the language in that particular...more

Gray Reed

Waiting Too Long to Sue For a Working Interest is a Loser

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Delay in filing suit too often spells doom for the plaintiff, as we learn in Zadeck Succession et al v. Treme et al. Treme (as in the family collectively) claimed their father, Vandiver, was conveyed a 5% working...more

Gray Reed

Louisiana Royalty Owner Survives Challenge to Demand For Payment

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The question in Kim R. Smith Logging Inc. v. Indigo Minerals LLC  was whether a disgruntled Louisiana royalty owner sent its demand for unpaid royalties to the right party.  It turns out that it did....more

Gray Reed

Beware Assignor: Own the Leases Before You Reserve the Override

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Let’s begin with a quiz. Armour purchases non-recourse mortgage notes, becoming a lienholder in 99 oil and gas leases and 13 wells; fails to record the transfer documents in the real property records; assigns the leases to...more

Gray Reed

Louisiana Court Considers Texas and Louisiana Oilfield Anti-Indemnity Acts

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Federal Insurance Company et al v. Select Energy Services LLC and Exco et al. is a reminder for negotiators of indemnity and defense obligations in oilfield contracts that choice of law is important. Ignore it when drafting...more

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