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.
From Waste to Wealth: Cactus Water Services V. Cog Operating and the Coming Storm of Produced Water Litigation
The Texas Supreme Court in Cactus Water v. COG ruled produced water belongs to the mineral lessee unless leases expressly state otherwise. But Justice Busby’s concurrence highlights unresolved issues—royalties, lithium rights, and reuse—signaling a wave of future litigation.
The Challenge of Quantifying Drainage Damages
Claims for full royalty from a hypothetical offset well no longer hold under Texas law. After Coastal Oil, lessors must prove—through complex expert evidence—the specific royalty actually lost, not speculative windfalls, giving lessees significant leverage in drainage disputes.
Understanding Limits of the Texas Citizens Participation Act (TCPA)
The San Antonio Court of Appeals clarified that TCPA protections do not extend to claims merely tied to regulatory filings. After the 2019 amendments, the protected communication must be the gravamen of the claim—mere but-for causation is not enough.
The New Rule 201.3 – In-State Depositions Just Got Much Easier
Marcus Eason continues The Grubb Report with an overview of Texas Rule 201.3 and the adoption of the UIDD, explaining how the new rule simplifies out-of-state depositions and document discovery in Texas.
Uniform Interest Provisions: The Ignored Clause That Could Make (Or Break) Your Trial Strategy?
Often overlooked as boilerplate, the MUI clause can carry serious litigation consequences. Case law shows it can drive substantial damages, or provide unexpected strategic leverage, turning routine transactions into high-stakes disputes.
Courts Provide Further Clarity Concerning Key Provisions in Natural Gas Marketing Contracts
The Marathon v. Mercuria rulings offer critical guidance for gas market participants navigating force majeure claims, replacement gas obligations, and contract drafting in extreme market conditions.