Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Coastal Oil & Gas Corp. v. Garza Energy Trust, 268 S.W.3d 1 (Tex. 2008), holds that damages for drainage by hydraulic fracturing are precluded by the rule of capture, when […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Moore v. Jet Stream Investments, Ltd., 261 S.W.3d 412 (Tex. App.—Texarkana 2008, pet. denied) holds that failure to comply with regulations is not within a lease force majeure clause, but […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. EnerQuest Oil & Gas, LLC v. Plains Exploration & Prod. Co., 981 F.Supp.2d 575 (W.D. Tex. 2013) held that surface facilities are not necessary for a well to be […]
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 Villareal v. Grant Geophysical, Inc., 136 S.W.3d 265 (Tex. App.—San Antonio 2004, pet. denied), the San Antonio Court of Appeals determined Texas law requires actual physical entry or […]
Richard F. Brown Mission Resources, Inc. v. Garza Energy Trust [166 S.W.3d 301 (Tex. App. – Corpus Christi 2005, pet. filed)] imposes $10,000,000 in punitive damages in a case involving subsurface trespass, bad faith pooling, and breach of the implied covenants to develop and to protect against drainage. The case arose in South Texas where […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Glenn v. Lucas, 376 S.W.3d 268 (Tex. App.—Texarkana 2012, no pet.) held that a vendor perfected title under a judgment foreclosing a vendor’s lien, even though there was no […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. XTO Energy Inc. v. Nikolai, 357 S.W.3d 47 (Tex. App.—Fort Worth 2011, pet. filed) held that the surface owner was estopped from challenging the original severance of the minerals […]
