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.
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.
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.
Burden of Proof on Due Process Claims in Foreclosure Challenges
The Texas Supreme Court clarified that when challenging a foreclosure judgment due to a due process violation, the party must provide evidence. In this case, the Gill parties failed to prove inadequate notice, so the court upheld the statute of limitations defense.
Production Disputes and Estoppel Claims Cloud Lease Termination in Milam County
The Railroad Commission can’t determine property rights, so its operator records don’t establish whether a lessor holds a leasehold interest or is entitled to operate under an oil and gas lease. Ownership and operational rights are property-law issues.
Royalty Recoupment: Operator's Primer for Recovering Overpayments
For oil and gas operators, few things are more frustrating than discovering you may have been overpaying royalties to a person or entity in your paydeck.
Producer's Edge: Volume 5, 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. Download the seventh issue of Producer's Edge here....
Understanding Mineral Interest Bequests in Wills
The appellate court held that no extrinsic evidence was needed to interpret a will granting each beneficiary a 1/10 interest in the Dragon Unit mineral interest, limited to 21.26 acres within the 118.4-acre tract, not the entire tract.
Lay or Expert Testimony as to Lost Returns from a Well? Corpus Christi Holds the “Property Owner Rule” Inapplicable
This case emphasizes the critical role expert testimony can play in oil and gas litigation. Securing the right testimony is just one aspect of the challenge; it is also critical to plan ahead to ensure the evidence is properly admissible.
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