The outcome of a multimillion-dollar suit was in the hands of a jury of 12 good and honorable citizens. The question: Was a certain party an agent, consultant, contractor, or none of the above? One side wanted the jury to be instructed on the legal definitions of those terms. The other wanted the words to
See yesterday’s post on Iskandia Operating, LLC v. SWEPI, LP
SWEPI’s motion for summary judgment alleged that Iskandia presented no evidence of one or more elements of its trespass claim, noting that the Supreme Court of Texas has never recognized a cause of action for trespass based on deep subsurface water migration (to which some
Iskandia Operating Inc. v. SWEPI, LP d/b/a Shell Western E & P reversed summary judgment for the defendant in a subsurface trespass claim involving injection of large amounts of produced water.
The facts
Iskandia produces oil from 100 wells across 5,000 acres from a shallow zone of the Delaware Mountain Group in the Dimmitt
A quiz: What do Big Oil and Galileo, and maybe you, have in common? Answer is below.
Here is news and opinions about climate change that counters climate-alarm truthiness emanating from some quarters. These facts and opinions are being said by those who know what they are talking about. Decide for yourself if you accept
The Duhig Rule is back, this time in Echols Minerals LLC, et al v. Green et al.
Framing the discussion, Duhig v. Peavy Moore Lumber Company and Trial v. Dragon
In Duhig the grantor in a general warranty deed warranted title and reserved half of the minerals. The deed did not mention that a
Fletcher v. Merritt resulted in several rulings on the proof required to prevail in a property dispute. Merritt filed a trespass to try title suit (actually a quiet title, which the court construed as TTT) against Fletcher for ownership of a 28.9 foot-wide strip separating their lots. In concluding that the evidence was legally and
Securities and Exchange Commission v. The Heartland Group Ventures LLC et al. explains what a receiver under federal law has the right to do. Much like Nick Saban’s offense against a certain team, she can do just about anything she wants.
The SEC applied for appointment of a receiver for a group of
So, you found all the heirs and you have an agreed judgment stipulating title. Time to pay royalties? Maybe. And you have signed division orders. Surely, you can pay now? Maybe. These were the questions facing the parties in Perdido Properties LLC v. Devon Energy Production Company et al.
Facts and events
Ross Brady dies
Most states call it a third-party beneficiary contract. Leave it to Louisiana to be different. In Adams v. Chevron USA Inc., the plaintiffs claimed that oilfield pipe-cleaning activities of Chevron and others contaminated their land with NORM. The Grafers owned the land where, pursuant to a lease, the pipes and other equipment were cleaned.
Foreshadowing a grim future for family weddings and funerals, Bell and Petsch v. Petch is a property dispute over five tracts of land in Gillespie County, Texas, in which siblings are the combatants. The events are less important than the takeaway: To win an adverse possession claim, the claimant must establish all six of the