Face Challenges Confidently

LITIGATION

Friday, September 4th, 2015
Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   Discovery Operating, Inc. v. BP America Production Co., 311 S.W.3d 140 (Tex. App.—Eastland 2010, pet. Denied,held that Tex. Nat. Res. Code Section 85.321 allows owners of production or property […]

Friday, September 4th, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you.  Satanta Oil Co. v. Henderson, 855 S.W.2d 888 (Tex. App.–El Paso 1993, no writ), examines the liability of the oil operator to the surface user for the death of […]

Friday, September 4th, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   In Enserch Corp. v. Rebich, No. 12-93-00303-CV, 1995 WL574240 (Tex. App.– Tyler Sept. 29, 1995, no writ) the applicable gas contract was executed in 1980 for a term of […]

Friday, September 4th, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Landreth v. Melendez, 948 S.W.2d 76 (Tex. App.—Amarillo 1997, n.w.h.) considers whether the “accommodation doctrine” applies to a conflict between the surface owner and the mineral owner over surface […]

Friday, September 4th, 2015
Richard F. Brown  Sauceda v. Kerlin, 164 S.W.3d 892 (Tex. App.—Corpus Christi 2005, pet. filed), considers the duty owed by the holder of the executive right to a non-participating royalty owner. The case involved a lengthy and complicated fact pattern bearing on the ownership of Padre Island. Simplified, immediately after the Mexican land grant to […]