In a case with potentially far-reaching consequences, the Texas Supreme Court has agreed to review the Thirteenth Court of Appeals decision in Ellison v. Three Rivers Acquisition LLC, No. 13-17-00046-CV, 2019 WL 613262 (Tex. App.—Corpus Christi […]
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In the second episode of Oil and Gas Law: In 5 Five Minutes or Less, KRCL's new video series covering key legal developments for energy industry professionals, Tom Ciarlone examines a recent Texas Supreme Court decision on interpreting mineral leases […]
In the latest episode of our energy law podcast, we discuss recent guidance from the Texas Supreme Court on interpreting oil-and-gas contracts; cross-jurisdictional differences surrounding the rule of capture and subsurface mineral trespass; and troubling […]
I have written previously about class certification in the oil patch. Frequently the emphasis is around whether the putative class can satisfy Rule 23's commonality and predominance requirements. The recent trend has been toward troubling developments […]
In the latest episode of our energy law podcast, we discuss troubling developments at the intersection of class actions and consumer protection laws in royalty underpayment cases; the Texas Supreme Court's latest pronouncements on the duties of executive […]
With the recent uptick in energy-related bankruptcies expected to continue for the foreseeable future (in one prominent example, industry giant Weatherford has just filed for Chapter 11 protection), oil and gas royalty owners need to be on alert. Because […]
The San Antonio Court of Appeals recently determined that the acceptance of royalty payments will not necessarily operate as a waiver of a mineral lease's anti-pooling provision. The decision, Strickhausen v. Petrohawk Operating Company, is available […]
In the normal course, when landowners believe they have been underpaid royalties under an oil-and-gas lease, they sue individually. Most of the time the core claim is for breach of contract (notwithstanding that royalty-underpayment petitions are often […]
Download the iPhone/iPad app for our podcast at tinyurl.com/energylawios, or the Android app at tinyurl.com/energylawandroid. The podcast is also available on iTunes (tinyurl.com/energylawitunes), Google Play (tinyurl.com/energylawgoogleplay), and […]
Earlier this week, in Seeligson v. Devon Energy Production Co. LP, the Fifth Circuit reversed a Texas federal court's decision to certify a class of mineral lessors who had sued Devon Energy for the alleged underpayment of royalties. While at first […]