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.
Producer’s Edge
TEXAS OIL AND GAS LAW BULLETIN
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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.
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.
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.
Cases Filed Before September 1, 2024 Cannot Be Removed to the Business Court As a Matter of Law
In a landmark oil and gas ruling, the Texas Business Court held that only cases filed on or after Sept. 1, 2024, may be removed under H.B. 19, rejecting retroactive application and clarifying the statute’s prospective scope.
Waiver of Arbitration in JOA Dispute
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.
Producer's Edge: Volume 6, Issue 1
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....
Are PSA/Allocation Wells “Pooling By Another Name”?
The current answer to this question is no. In R.R. Comm’n of Tex. v. Opiela, the Austin Court of Appeals concluded that PSA/allocation wells are not the same as pooling under Texas law.
Offshore Wind in the Gulf of Mexico
The United States Department of the Interior recently proposed a second offshore wind energy auction in the Gulf of Mexico after the first auction generated a high (and single) bid of $5.6 million.
Map Disputes and Damage Waivers: A Closer Look at ETC Tex. Pipeline v. XTO Energy
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.
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