Co-Author Gunner West
In Pioneer Nat. Res. USA, Inc. v. Elberta M. Royalty, LLC, a Texas court held that a lease calling for payment of royalty on the “net amount received by Lessee for the sale” of oil and
Co-author: David Pruitt
Can a consulting agreement convey overriding royalty interests without naming the leases? The Bankruptcy court for the Southern District of Texas tackled that question in In re Barrow Shaver Resources Company, LLC. In summary, the answer
Co-author: David Pruitt
Gringita, Ltd v. Ineos USA Oil and Gas, LLC et al is in a way a typical Texas royalty dispute in which the lessor’s royalty is “free of post-production costs” (PPCs) according to one provision of the
In Ankor Energy, LLC et al v. Merit Management Partners I, L.P. et al a Louisiana federal district court addressed a situation commonly encountered by assignors of oil and gas operating interests: You’ve given up the cheese. How do you
Co-author: Gunner West
The words of an instrument conveying real property in Texas mean something, of course. But so does the placement of those words … which leads to the result in SRO Land & Minerals, LP v. BNSF Railway
Co-author David Pruitt
A question, not hypothetical: Can one provision in a comprehensive water purchase agreement lock a mineral lessee into a single alternative for every purpose under the sun? In Davenport v. EOG Resources, Inc., a court of
A waiver of subrogation is a contractual provision in which one party agrees to relinquish its (or its insurer’s) right to seek reimbursement from another party for certain losses. To fully appreciate the significance of this provision, it is helpful
“Better the end of a thing than the beginning thereof … .” Ecclesiastes 7:8. The writer was probably prophesying about Texas’ never-ending double-fraction mineral disputes.
Next up: Ovintive USA, Inc. et al v. High Noon Resources, LLC et al in
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It’s often helpful when courts are asked to construe joint operating agreements. Not always, though. Courts sometimes don’t understand or fail to take into account industry custom and practice and the underlying purposes behind the JOA, especially the Model
In 2023, the Texas Legislature made several significant changes to the laws governing homebuilders. Among these was the amendment to Chapter 16 of the Texas Civil Practice and Remedies Code, which shortened the statute of repose on residential construction projects
