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.
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...
Interpreting Contractual Time Periods in Texas
A major Texas Supreme Court decision unpacks common but thorny issues in oil and gas agreements - from measuring time periods to interpreting reassignment clauses and back-in rights - showing how subtle drafting choices can have massive consequences.
Assignment’s Definition of “Assets” Held Broad Enough to Include Lease Not Described
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 Clause Held Not to Cover Liabilities Knowingly Incurred Without Consent
Exculpatory provisions are important considerations in JOAs. They can provide protection from certain claims and liabilities as an inducement to serve as the operator.
SCOTX Reviews Force Majeure Issues in Continuous Development Case
In the wake of COVID and Winter Storm URI, the phrase “force majeure” has practically become a household term. But handling a force majeure dispute is not for the wary, as a variety of issues and complications can arise.
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