26-Step Mechanical Framework For Interpreting Deeds?
Texas courts reject "mechanical" deed interpretation while creating a 26-step framework. Bush v. Yarborough reveals the irony of structured analysis disguised as flexible law.
Producer’s Edge
TEXAS OIL AND GAS LAW BULLETIN
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Supreme Court of Texas Washes Out the “Anadarko Washout”
If your co-tenant drills the well… does your lease still live? The Texas Supreme Court just tackled a high-stakes question that’s shaken up oil and gas titles across the state.
Plain Language Meets Common Sense: Hidden Traps in Oil Patch Contract Interpretation
What happens when a court reads your contract literally for one issue but decides what 'makes sense' for another? A geophysicist just found out.
Unclear Jury Instructions Allow for Various Interpretations
Lario Oil & Gas Co. v. Black Hawk Energy Services, Ltd. highlights the importance of carefully drafting jury instructions and questions.
Texas Business Court Weighs Jurisdiction over Out-of-State Property Interests
When can a Texas court rule on New Mexico property disputes? The answer hinges on whether the property interest is 'central' or just 'incidental' to the real fight.
Are Statute of Limitations Battles Becoming the New Frontline in Water Injection Cases?
When your neighbor's wastewater tanks your oil wells, when exactly can you sue? A Texas court wrestles with a timing question reshaping industry battles.
The Eason Report: Discoverability of AI Chats
AI is reshaping litigation strategy, but are AI chats protected from discovery? In United States v. Heppner, a federal court said no. This edition of The Eason Report explores how Texas courts may approach privilege and work product issues involving AI.
Measuring What Matters: How MRC Permian Reshapes Retained-Acreage Disputes in Horizontal Drilling
How do you measure a horizontal wellbore — and why does it matter? The Eighth Court of Appeals' decision in MRC Permian Co. v. Point Energy Partners Permian LLC answers that question in ways every oil and gas practitioner needs to understand.
Clifton v. Johnson: The Texas Supreme Court Puts Some Guardrails on Van Dyke
The Texas Supreme Court's Clifton v. Johnson decision delivers the clearest guidance yet on when the Van Dyke floating royalty presumption can be overcome.
The Texas Business Court Continues to Stress the Importance of Properly Pleading Facts to Support Your Cause of Action
The Texas Business Court's latest opinion in Enosis Investments v. Jensen delivers another clear message: insufficient pleading will sink your case — before it ever reaches trial.
Producer's Edge: Volume 8, Issue 1
The latest issue of Producer’s Edge delivers concise, practical insight on the legal developments shaping today’s oil & gas industry.
Texas Business Court Clarifies Amount in Controversy Calculation for Periodic Royalty Claims: Lessons from Black Mountain SWD v. NGL Water Solutions Permian
In Black Mountain SWD, LP v. NGL Water Solutions Permian, LLC, the Texas Business Court held that for breach-of-contract claims seeking unpaid royalties, the amount in controversy is limited to actual accrued damages at filing—not the lifetime value of all potential royalties.