Co-author Andrew Neal Non-operators have had a lot in common with Br’er Rabbit ever since 2006, when the Texas Supreme Court surprised the industry in Seagull Energy E & P, Inc. v. Eland Energy, Inc. Their tar baby is the ruling that, absent a release from the operator a working interest under a JOA who assigns his interest to… Continue Reading
Lawyers and landmen are taught that a document affecting real or immovable property not recorded in the public records means nothing to a stranger. Like O. J.’s quest for the real killer, lower premiums after the Patient Protection and Affordable Care Act, and the present I would have given my wife except I forgot our… Continue Reading
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
It’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
Co-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.
Co-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
I 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