By Travis Booher History tells us that the young friends of Virginia O’Hanlon broke the news to her that there was no Santa Claus. When she quizzed her father about Santa’s existence, Dad’s fatherly advice was to ask the local newspaper. ”If you see it in The Sun, it’s so.” You know the rest of that story. Another… Continue Reading
Category Archives: Operating Agreements
Subscribe to Operating Agreements RSS FeedOperator Not Liable for Breach of JOA – Louisiana Version (Kind of)
Posted in Operating AgreementsIt’s deju vu all over again in Chesapeake Operating, Inc. v. Sanchez Oil & Gas Corp. More accurately, it is a variation of Reeder v. Wood County Energy, LLC, et al. applied to Louisiana operations. For the impact of the exculpatory clause protecting the operator from liability in the 1989 Model Form JOA, see my post (co-authored by Marty Averill),… Continue Reading
Operator Not Liable for Breach of 1989 Model Form JOA, Part Two
Posted in Contract Disputes, Operating AgreementsCo-authored byMarty Averill As promised in our September 9 post, here is a more detailed analysis of Reeder v. Wood County Energy, LLC, et al, the recent Texas Supreme Court decision holding that an operator is not liable for breach of the 1989 model form JOA absent willful misconduct or gross negligence.
Operator Not Liable for Breach of 1989 Model Form JOA
Posted in Operating AgreementsCo-authored by Marty Averill If you are a non-operator under the 1989 Model Form Operating Agreement, pay close attention to Reeder v. Wood County Energy, LLC, et al. The Texas Supreme Court ruled that the operator is not liable to non-operators for breach of the agreement except in the cases of gross negligence or willful misconduct…. Continue Reading
An Operating Agreement Can Be a Covenant Running With the Land
Posted in Land Titles, Operating AgreementsI promise this will be the last post in a while on covenants running with the land. I think we all get it by now (This topic was discussed in my August 1 post). The Result A Joint Operating Agreement referenced in documents that is in a party’s chain of title and is, by its terms, binding on… Continue Reading