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.
Supreme Court Splits Over Use of Expert Testimony and Other Extrinsic Evidence When Construing Obligations in Oil and Gas Agreements
On June 28, 2019, a divided Texas Supreme Court issued its opinion in Barrow-Shaver Resources Company v. Carrizo Oil & Gas, LLC, a decision that will impact what evidence a court can consider in oil and gas contract disputes and possibly how oil and gas agreements are negotiated and drafted.
Producer's Edge: Volume 1, Issue 2
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 edition, we present several insightful articles, including an article covering the recent Barrow-Shaver...
Ratification Issue Did Not Provide Path to Attorneys’ Fees
M & M Res., Inc. v. DSTJ, LLP, 2018 Tex. App. LEXIS 9331 (Tex.Civ.App.—Beaumont 2018, no pet.) Plaintiffs in title disputes sometimes will allege a claim under the Declaratory Judgment Act in order to seek attorneys’ fees. In this case, the court held that the claim could...
Correction Mineral Deed Ruled Ineffective Under “Material Correction” Statute
Yates Energy Corp. v. Broadway Nat’l Bank, No. 04-17-00310-CV, 2018 Tex. App. LEXIS 10517 (App.—San Antonio Dec. 19, 2018, no pet.) The San Antonio Court of Appeals recently analyzed the Texas Correction-Instrument Statutes in Yates v. Broadway. The court held that, if a grantor...
"Accumulation” Clause in Continuous Development Provision Only Extended the Next 150-Day Term
Endeavor Energy Res., L.P. v. Energen Res. Corp., No. 11-17-00028-CV, 2018; Tex. App. LEXIS 8705 (Tex.App.—Eastland Oct. 25, 2018, pet. filed) The Eastland Court of Appeals recently issued its opinion in Endeavor v. Energen adopting a limited interpretation of an “accumulation” clause within a...
Texas Supreme Court Denies Review on Rolling/Snapshot Retained Acreage Case
Apache Deepwater, LLC v. Double Eagle Dev., LLC, 557 S.W.3d 650 (Tex. App.—El Paso 2017, pet. denied Dec. 14, 2018) Retained acreage provisions continue to be a popular subject in Texas oil and gas law. The Texas Supreme Court recently denied a petition for review in the...
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