Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Heritage Resources, Inc., v. Nationsbank – S.W. 2d –, 1996 WL 200362 (April 25, 1996, motion for rehearing pending) is a very recent Texas Supreme Court opinion in a division […]
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 Yzaguirre v. KCS Resources, Inc., 53 S.W.3d 368 (Tex. 2001), a unanimous Texas Supreme Court (Justice O’Neill not participating) held that the lessee’s market value royalty payments may […]
Richard F. Brown Cartwright v. Cologne Prod. Co., 182 S.W.3d 438 (Tex. App.—Corpus Christi 2006, pet. denied), holds that post-production costs are deductible proportionately from the royalty interest under the lease and division order in question. The lessee, Cologne, ran the gas produced from the lease through gathering lines, treatment facilities and compressors, all located […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Bowden v. Phillips Petroleum Co., 247 S.W.3d 690, (Tex. 2008), examines whether three subclasses of a class of oil and gas royalty owners were properly certified. The case is […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Tana Oil and Gas Corp. v. Cernosek, 188 S.W.3d 354 (Tex. App.—Austin 2006, pet. denied), is a class action royalty accounting case on processed gas brought by lessors against their […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Ohrt v. Union Gas Corp., 398 S.W.3d 315 (Tex. App.—Corpus Christi 2012, pet. denied) held that a lessor was precluded from recovering the undiluted royalties accruing to lessor prior […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Exxon Corp. v. Miesch held that false statements made during lease renegotiations may support a cause of action for fraud or for negligent misrepresentation. This case involved failed attempts […]
