Post-Van Dyke Litigation Roundup
The legacy doctrine recognizes that during the “era” in which the deed in question was executed, “‘1/8’ was widely used as a term of art to refer to the total mineral estate.”
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Challenge to Bankruptcy Asset Sale Held “Moot” Without Stay or Uncertainty
The United States Fifth Circuit recently delivered a victory for parties both Debtors in bankruptcy and purchaser of property from the Debtors’ estate by affirming that...
Cases Filed Before September 1, 2024 Cannot Be Removed to the Business Court As a Matter of Law
In a landmark oil and gas ruling, the Texas Business Court held that only cases filed on or after Sept. 1, 2024, may be removed under H.B. 19, rejecting retroactive application and clarifying the statute’s prospective scope.
Waiver of Arbitration in JOA Dispute
A non-operator waived its right to compel arbitration under a JOA by litigating the merits for nearly four years and moving to compel arbitration just a month before trial in a JIB payment dispute with the operator.
Are PSA/Allocation Wells “Pooling By Another Name”?
The current answer to this question is no. In R.R. Comm’n of Tex. v. Opiela, the Austin Court of Appeals concluded that PSA/allocation wells are not the same as pooling under Texas law.
Map Disputes and Damage Waivers: A Closer Look at ETC Tex. Pipeline v. XTO Energy
In this recent case, the Eastland Court of Appeals considered whether a gathering and processing agreement’s dedication provisions were void under the statute of frauds and whether broad contractual damage waivers barred recovery of both direct and indirect lost profits.