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.
A few Miscellaneous Case Updates
Seeligson v. Devon Energy Prod. Co., L.P., Civil Action No. 3:16-CV-00082-K, 2020 U.S. Dist. LEXIS 23166 (N.D. Tex. 2020). In this royalty class action case, the class plaintiffs alleged that DEPCO improperly passed a 17.5% “gas processing fee” on to all class...
Can Emails Form a Purchase Contract? Texas Supreme Court Tackles the Issue in Two Recent Cases
In response to COVID-19, many companies and their employees have quickly shifted to a “work from home” model. Even though email has been a large part of business for decades, the new “remote” reality has only increased our reliance on electronic communications. In a pair of recent cases, the...
Appellate Court Holds that “Shall Not Affect” and “Other Benefits” Language Reserved the Entirety of Royalty Interest
WTX Fund, LLC v. Brown, No. 08-17-00104-CV, 2020 Tex. App. LEXIS 94 (Tex. App.—El Paso Jan. 8, 2020, pet. filed) In WTX Fund v. Brown, the El Paso Court of Appeals reviewed a dispute as to whether language in a 1951 mineral deed was sufficient to...
Appellate Court Holds that “Blanket Easement” for Multiple Pipelines Did Not Require Single Route Across Property
Atmos Energy Corp. v. Paul, No. 02-19-00042-CV, 2020 Tex. App. LEXIS 1926 (Tex.App.-Ft. Worth, Mar. 5, 2020, no pet.) In this case the Fort Worth Court of Appeals held that a “blanket easement” for multiple pipelines did not require the grantee to lay the additional...
Appellate Court Holds that MSA Provision Acts as Enforceable De Facto Mineral Lien Waiver
The Fourteenth Court of Appeals in Houston held that provisions within a master service agreement, stating that a subcontractor could only seek payment or damages exclusively from the contractor, were effective to preclude...
Federal Court Examines Jurisdictional Reach Over Outer Continental Shelfs
Following removal from State Court, the Plaintiff challenged the federal trial court’s jurisdiction over the Plaintiff’s personal injury claim.