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.
Production Disputes and Estoppel Claims Cloud Lease Termination in Milam County
The Railroad Commission can’t determine property rights, so its operator records don’t establish whether a lessor holds a leasehold interest or is entitled to operate under an oil and gas lease. Ownership and operational rights are property-law issues.
Royalty Recoupment: Operator's Primer for Recovering Overpayments
For oil and gas operators, few things are more frustrating than discovering you may have been overpaying royalties to a person or entity in your paydeck.
Producer's Edge: Volume 5, 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 seventh issue of Producer's Edge here....
Understanding Mineral Interest Bequests in Wills
The appellate court held that no extrinsic evidence was needed to interpret a will granting each beneficiary a 1/10 interest in the Dragon Unit mineral interest, limited to 21.26 acres within the 118.4-acre tract, not the entire tract.
Lay or Expert Testimony as to Lost Returns from a Well? Corpus Christi Holds the “Property Owner Rule” Inapplicable
This case emphasizes the critical role expert testimony can play in oil and gas litigation. Securing the right testimony is just one aspect of the challenge; it is also critical to plan ahead to ensure the evidence is properly admissible.
Reservation in Favor of Stranger Held Void; Estoppel-By-Deed Theory Not Supported by Evidence
Armour Pipe Line v. Sandel Energy, 2022 Tex.App.LEXIS 7265 (Houston [14th Dist.] 2022, no pet. In this case, the 14th District Court of Appeals in Houston held that a purported reservation in favor of a stranger of title was void, and rejected the stranger’s argument that the...
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