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.
Producer’s Edge
TEXAS OIL AND GAS LAW BULLETIN
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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 Business Court Weighs Jurisdiction over Out-of-State Property Interests
When can a Texas court rule on New Mexico property disputes? The answer hinges on whether the property interest is 'central' or just 'incidental' to the real fight.
Are Statute of Limitations Battles Becoming the New Frontline in Water Injection Cases?
When your neighbor's wastewater tanks your oil wells, when exactly can you sue? A Texas court wrestles with a timing question reshaping industry battles.
Producer's Edge: Volume 1, 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. In this first edition, we highlight several recent Texas oil and gas cases. We also highlight...
Can A Driller Trespass While Fracking On Its Own Lease? Partner Don Jackson Discusses Underground Trespass in Law360
In his article published in Law360, Don Jackson examined the key issue in Briggs v. Southwestern Energy Prod. Co., currently pending before the Pennsylvania Supreme Court.
Appellate Court Holds that Landowner’s “Course of Dealing” Leads to Waiver
In June 2018, the Dallas Court of Appeals issued its memorandum opinion in Tollet v. Surface, holding that an ambiguous royalty provision in a groundwater lease, when read in light of the parties' course of dealings, allowed the lessee to make royalty payments once per month with a 90-day...
Tex. Supreme Court Splits Over Meaning of “Offset Well” in Shale Plays
The Texas Supreme Court issued a narrow 5-4 opinion in Murphy Exploration & Production Co. — USA v. Adams on June 1, 2018, interpreting a common “offset” clause contained in a 2009 oil and gas lease. The majority held that the phrase “offset well” in that clause does not necessarily refer...
Texas Court Holds that Permit of Injection Well May be Challenged Outside Railroad Commission and Travis County Via Injunctive Relief
On January 18, 2017, in Ring Energy v. Trey Resources, Inc.,[1] the El Paso Court of Appeals, in a case of first impression, addressed whether a trial court outside of Travis County...
Denbury v. Texas Rice: Clarifying the Test for Common Carrier Status, Power of Eminent Domain
On Friday, January 6, 2017, the Texas Supreme Court issued its long-awaited opinion in Denbury Green Pipeline–Texas, LLC v. Texas Rice Land Partners, Ltd. (“Texas Rice II”), ((15-0225, 2017 WL 65470 (Tex. Jan. 6, 2017).)) holding that: 1. Denbury’s evidence of a post-construction transportation agreement with an unaffiliated...
