Co-author Gunner West
Yes … sometimes. In ConocoPhillips Company v. Totem Well Service, the U.S. District Court for the Southern District of Texas applied New Mexico law to an oilfield indemnity dispute, voiding the Master Service Agreement’s indemnification clause
Co-author Gunner West
Yes, says Trivista Oil Company LLC v. Fort Apache Energy, Inc., Trivista sued Fort Apache for poaching its mineral lessors and obtaining top-leases in what could have been a more or less typical dispute of that
Several weeks ago the Supreme Court of Texas addressed the double-fraction mineral conveyance, reinforcing the “Van Dyke presumption” but not addressing how the presumption could be rebutted or the presumed-grant doctrine. Last week’s Clifton v. Johnson addresses both.
The deed and
Navigator Group, et al. v. Van Dyke, et al.* is the latest stopover in the journey of the double-fraction mineral conveyance through the Texas courts. The Eastland Court of Appeals rejected challenges to the Supreme Cout of Texas’ 2023
Co-author Gunner West
Slant Operating, LLC and Slant Holdings, LLC v. Octane Energy Operating, LLC, reveals the benefits and purposes of the Texas Business Court in resolving complex energy disputes (such as convincing businesses to abandon Delaware). The parties were
It is often an attractive political gambit for legislative bodies to pass laws of doubtful constitutional validity in order to please their constituents. It can be a two-fer; when the court rules as expected the vanquished politicos then execrate the
Co-author Taylor Hall
It’s hardly a win for the little guy against The Man, but in San Patricio County Appraisal District v. Gunvor USA LLC (consolidated with a similar suit against Devon Gas Services, agent for Glencore Ltd.), a Texas
Co-author Taylor Hall
In SM Energy Company v. Buzzard Roost Farms, Inc. a Surface and Subsurface Use and Compensation Agreement between operator SM and surface owners included a right of first refusal (ROFR) relating to placement of saltwater disposal
Co-author Gunner West
Last year we reported on Steelhead Midstream Partners, LLC v. CL III Funding Holding Company, LLC, where the Texas Supreme Court held that a pipeline owner’s breach-of-contract claim was not an impermissible collateral attack on a
The Collins mineral lease covers 1131.5 acres in Bienville Parish spread across 10 semi-contiguous tracts.
The lease
Provision 6 of the form lease provides: In the event of cessation of production for any cause following expiration of the primary
