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 non-operator waived its right to compel arbitration under a JOA by litigating the merits for nearly four years and moving to compel arbitration just a month before trial in a JIB payment dispute with the operator.
McGinnis Lochridge's Oil & Gas Newsletter: Producer's Edge keeps clients informed about Texas oil and gas case law, regulatory updates, and insightful articles relevant to the oil and gas community. Download the eighth issue of Producer's Edge here....
In this recent case, the Eastland Court of Appeals considered whether a gathering and processing agreement’s dedication provisions were void under the statute of frauds and whether broad contractual damage waivers barred recovery of both direct and indirect lost profits.
Mediation has become an indispensable tool in Texas, allowing many lawsuits to be processed faster, more accurately and more economically. Over the last 25- years, the costs of litigation and the time to reach trial have increased exponentially.
The court held that approving a drilling zone on non-city land didn't violate Local Gov’t Code § 253.005(c), which only applies to municipal leases. It also found the City Council has authority under the Unified Development Code to adjust drilling zones for public welfare.
A lessee under 16 non-standard leases resumed production after a brief pause without drilling or reworking. The court held the leases didn't terminate due to the continuous development clause and interpreted the habendum clause as allowing production to resume without new operations.
