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.
A winning strategy in an assignment interpretation case often involves finding a persuasive harmonization between the form of assignment and the exhibit containing property descriptions.
Exculpatory provisions are important considerations in JOAs. They can provide protection from certain claims and liabilities as an inducement to serve as the operator.
In this case, the Texas Supreme Court reviewed a “bespoke” oil and gas lease, and held that its “unique,” “unusual,” and “broad lease language” provided for a “proceeds plus” royalty base.
How do Texas Courts measure contractual time periods? The answer can have a big impact on compliance and potential damages. In this Texas oil and gas case law update, we discuss the Texas Supreme Court's recent decision in Apache v. Apollo
In this landmark case, the Texas Supreme Court reaffirmed its recognition of the so-called “estate misconception theory,” and created a new rebuttable presumption governing so-called “double fraction” deed interpretation cases.
On February 4, 2022, the Texas Supreme Court issued an opinion holding that, based on the terms of the instrument at issue, including use of the phrase “delivered to Grantor’s credit, free of cost in the pipe line,” BlueStone was permitted to reduce the royalty base to account for...
