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Insights

Rule-of-Capture Showdown: Pennsylvania v. Texas

Last year, I wrote about Pennsylvania's departure from Texas on the law surrounding trespass by hydraulic fracturing. As first stated in Coastal Oil & Gas Corp. v. Garza Energy Trust, 268 S.W.3d 1 (Tex. 2008), trespass claims for drainage by […]

Thomas G. Ciarlone Jr.

Podcast: Royalty Underpayment Class Actions; Duties of the Mineral Executive; and Anti-Pooling Clauses

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 […]

Thomas G. Ciarlone Jr.

Failure to Launch: Eminent Domain Breaks Down in the Texas Legislature

Eminent domain proceedings in Texas are a complex process governed by multiple constitutions, laws, and regulations.[1] Through this process the Texas government, its agencies, and authorized private entities acquire land to advance initiatives relating […]

Worker Need Not Disclose FMLA Leave Return Date

An employee did not fail to provide essential information regarding the duration of her leave under the Family and Medical Leave Act (FMLA) when the employee did not herself know how long the leave would be, the 7th U.S. Circuit Court of Appeals held […]

Energy-Related Bankruptcies on the Rise: Protecting Oil & Gas Royalty Interests

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 […]

Insurance Fraud Investigators Entitled to Overtime Pay Under FLSA

As part of its insurance business, GEICO General Insurance Company hires security investigators to work in its claims department for the purpose of investigating claims that are suspected of being fraudulent. The FLSA requires employers to pay overtime […]