Can "Free of Cost" Term Achieve Point-of-Sale Royalty Base?
Court Interprets “Free of Cost Forever” Royalty Language Broadly
Austin Brister
Austin represents Texas operators and non-operators in complex issues and disputes. He seeks practical solutions to avoid litigation, but adopts aggressive courtroom strategies when necessary.
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When $180 Million Rides on an Expert's Supplementation Decision
$180M oil case lost when Apollo refused to fix expert's flawed damages model. Without expert testimony meant no damages recovery in technical fields.
"Void" Means Void: How Missing Consent Toppled a $2.5 Million Pipeline Judgment
Texas court: Pipeline assignment without written consent was 'void,' destroying entire chain of title and $2.5M judgment. One broken link meant all downstream transfers fail.
When Does a Fixed NPRI Become Floating?
The Texas Supreme Court ruled that ratifying a lease doesn't change a fixed NPRI to a floating one. However, a subsequent stipulation between parties can modify the NPRI, rejecting the argument that an unambiguous deed cannot be altered by a later stipulation.
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, many of them hinging on widely used contracts like the NAESB model form.
When Wastewater Becomes Liability: Texas Court Expands 'Waste' Doctrine to Disposal Wells
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 the reasonably prudent operator defense.