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.
Producer’s Edge
TEXAS OIL AND GAS LAW BULLETIN
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Who Owns the Empty Space? Texas Supreme Court Affirms Surface Ownership of Salt Caverns in Landmark Ruling
Who owns the void left behind after millions of tons of salt are mined - and can it be used for someone else’s storage business? The Texas Supreme Court just drew the line.
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.
COPAS Accounting Procedures: Key Litigation Perspectives
To many oil and gas lawyers the COPAS accounting procedure is sometimes an afterthought. But, in the context of JOA disputes, whether or not directly involving accounting issues, the COPAS procedure can have a critical impacts.
Reservation in Favor of Stranger Held Void; Estoppel-By-Deed Theory Not Supported by Evidence
Armour Pipe Line v. Sandel Energy, 2022 Tex.App.LEXIS 7265 (Houston [14th Dist.] 2022, no pet. In this case, the 14th District Court of Appeals in Houston held that a purported reservation in favor of a stranger of title was void, and rejected the stranger’s argument that the...
Interpreting Contractual Time Periods in Texas
A major Texas Supreme Court decision unpacks common but thorny issues in oil and gas agreements - from measuring time periods to interpreting reassignment clauses and back-in rights - showing how subtle drafting choices can have massive consequences.
Assignment’s Definition of “Assets” Held Broad Enough to Include Lease Not Described
A winning strategy in an assignment interpretation case often involves finding a persuasive harmonization between the form of assignment and the exhibit containing property descriptions.
Exculpatory Clause Held Not to Cover Liabilities Knowingly Incurred Without Consent
Exculpatory provisions are important considerations in JOAs. They can provide protection from certain claims and liabilities as an inducement to serve as the operator.
SCOTX Reviews Force Majeure Issues in Continuous Development Case
In the wake of COVID and Winter Storm URI, the phrase “force majeure” has practically become a household term. But handling a force majeure dispute is not for the wary, as a variety of issues and complications can arise.
Three Tips for Handling Evasive Discovery Objections
Managing discovery objections can often be a challenge in litigation, especially when it is apparent that your opponent’s objections are made for purposes of delay or concealment. Here are three tips to effectively handle such objections and keep your case moving forward.
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