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.
Texas Supreme Court Cases to Watch in 2020
The trial court’s judgment, affirmed by the San Antonio Court of Appeals, held that the plaintiffs were contingent remaindermen of certain mineral interests.
Appellate Court Dissolves an Operator’s Injunction Against Town of Flower Mound
In this case, the Fort Worth Court of Appeals held that the trial court lacked authority to grant a temporary injunction against the Town of Flower Mound enjoining the enforcement of a local ordinance that limited truck traffic to and from well sites.
Disposal Well Operator Held Not to Be an “Affected Person” With Standing to Challenge Competitor’s Application for Disposal Well Permit
This case involves a dispute as to whether a competitor saltwater disposal well operator is an “affected person” under 16 Tex. Admin. Code §3.9(5)(E) and, thus, whether such competitor has standing to challenge an application for disposal well permit.
Mineral Buyer Unable to Demand Prior Unclaimed Royalties From Comptroller
In Enerlex, the Austin Court of Appeals held that a mineral buyer could not demand payment from the Texas Comptroller of Public Accounts for prior unclaimed royalty payments relating to the purchased royalty interest, because those royalty payments were turned over to the...
Texas Courts Continue to Analyze Oil and Gas Cases Under the Texas Citizen’s Participation Act
In this business torts case between pipeline monitoring companies, Houston’s First Court of Appeals held that the trial court erred by denying a motion to dismiss pursuant to the Texas Citizens Participation Act (TCPA).
Mineral Lien Claimant Must Establish Materials Were “Used In” Mineral Activities
In this case, the San Antonio Court of Appeals held that a mineral subcontractor claiming a mineral lien must conclusively establish that its labor, materials, machinery, and supplies were “used in” mineral activities, not merely “related to” mineral activities. The citation is ELG Oil, LLC v. Stranco Servs., LLC, No....
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