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Energy & the Law

Tag Archives: fiduciary duty

When Can an Override be “Washed Out”?

Posted in Land Titles

Most of the time, if you read Stroud et al v. Hosford et al. even Hamilton Burger might have won on these facts. But when a lease subject to an override is terminated and replaced by another, Texas cases usually end up against the overriding royalty owner. The Holding: The court agreed with the jury that the lessee intentionally terminated the lease… Continue Reading

Executive Right Owner Could Be Liable for Failing to Forward Royalty Payments

Posted in Land Titles, Lease Disputes, Litigation

The ghosts of Clinton Manges and people like him continue to haunt executive right owners in Texas. In the 1980’s, Mr. Manges’ abuse of his non-participating royalty owner inspired the Texas Supreme Court to re-affirm the obligations of an executive right owner to the NPRI owner: “utmost fair dealing” and a fiduciary duty. In Friddle v. Fisher an appellate court… Continue Reading

Fraud in Texas: A Primer

Posted in Contract Disputes

Was it your long-time confidant who says your fiancee isn’t good enough for you and then runs off and marries her, or a seller’s remorse on a hundred-million dollar scale? We don’t know yet, but in Allen v. Devon Energy Holdings, a Houston court set guidelines for the trial of a case involving redemption of a… Continue Reading