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. Stine v. Husky Oil Company, F.2d (5th Cir. 1992 Nos. 90-2570 and 91-2220) construes the effect of the exculpatory language in the JOA which reads: [Operator] shall conduct […]
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. Johnston v. American Cometra, Inc., 837 S.W.2d 711 (Tex. App.–Austin 1992, writ den.), concerns the operator’s liability to nonoperators for failure to pursue take-or-pay claims against the gas purchaser. […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Holloway v. Atlantic Richfield Co., 970 S.W.2d 641 (Tex. App.—Tyler 1998, no writ), reviews the duties owed by the operator to the nonoperator when the operator undertakes to market the […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Energen Resources MAQ, Inc. v. Dalbosco, 2000 Tex. App. LEXIS 4039 (Tex. App.—Houston [1st Dist.]), is an interesting case that relies upon custom and usage in the oil and gas […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Cone v. Fagadau Energy Corp.1 is a lengthy opinion construing and applying the A.A.P.L. Form 610-1982 Model Form Operating Agreement (“JOA”) in a dispute between the operator Fagadau Energy Corp. […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. XCO Production Company v. Jamison, _____ S.W.3d ____, 2005 WL 1242289 (Tex. App.—Hous. [14 Dist.] 2005, no pet.), holds that the two-year contractual limitations period contained in a joint operating […]
Richard F. Brown Valence Operating Company v. Dorsett, 164 S.W.3d 656 (Tex. 2005), construes the notice and non-consent provisions applicable to subsequent operations under the A.A.P.L. Form 610–1977 Model Form Operating Agreement (“JOA”), as primarily determined by the notice provision found in Article VI.B.(1) of the JOA. The key holding in the case is that […]
