Face Challenges Confidently

LITIGATION

Tuesday, September 1st, 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.  Ridge Oil Co., Inc. v. Guinn Investments, Inc., No. 02-0599, 2004 WL 1966096 (Tex. Sept. 3, 2004), is an important case on the temporary cessation of production (“TCOP”) doctrine, lease […]

Tuesday, September 1st, 2015
Richard F. Brown  ExxonMobil Corporation v. Valence Operating Company, 174 S.W.3d 303 (Tex. App.— Houston [1st Dist.] 2005, pet. filed), holds the operator liable for substantial damages for breach of the uniform maintenance of interest (“MOI”) provision of the parties’ joint operating agreement (“JOA”). The MOI provision was the typical  form  JOA  provision  found  in […]

Tuesday, September 1st, 2015
Richard F. Brown  EOG Res., Inc. v. Wagner & Brown, Ltd., 202 S.W. 3d 338 (Tex. App.—Corpus Christi 2006, pet. filed), construes the meaning of a farmout agreement depth limitation expressed as “the deepest producing interval as obtained in the test well”. Farmor retained the deep rights under a provision in the farmout agreement which […]

Tuesday, September 1st, 2015
Richard F. Brown  Seagull Energy E & P, Inc. v. Eland Energy, Inc., 207 S.W.3d 342 (Tex. 2006), determines whether the sale of a non-operating working interest that is subject to an operating agreement releases the seller from its obligations to the operator under the operating agreement. Seagull as operator sued Eland as non-operator and […]

Tuesday, September 1st, 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.  Retamco Operating, Inc. v. Republic Drilling Co., 278 S.W.3d 333 (Tex. 2009) examines whether a Texas court has personal jurisdiction over an out-of-state defendant accused of acquiring oil and gas […]

Tuesday, September 1st, 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.   Tawes v. Barnes, 340 S.W.3d 419 (Tex. 2011) held that a lessor of lands included within a Joint Operating Agreement (“JOA”) had no right to sue under the JOA, […]

Tuesday, September 1st, 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.  Richmond v. Wells, 395 S.W.3d 262 (Tex. App.—Eastland 2012, pet. denied), held that the rights to ownership of the non-possessory interests of a lessor under an oil and gas lease […]