- Subordinate to, subservient to;
- A term that does not limit the scope of a conveyance but instead notifies the grantee of a right or obligation attended to the property;
- The USA is captive to the
Can My State’s Anti-Indemnity Law Trump Your Choice-of-Law Provision?
Co-author Gunner West
Yes … sometimes. In ConocoPhillips Company v. Totem Well Service, the U.S. District Court for the Southern District of Texas applied New Mexico law to an oilfield indemnity dispute, voiding the Master Service Agreement’s indemnification clause calling for Texas law to govern.
The facts
ConocoPhillips, headquartered in Texas, hired Totem, based
Can a Leaky Well Be Protected by Free Speech?
Co-author Gunner West
Yes, says Trivista Oil Company LLC v. Fort Apache Energy, Inc., Trivista sued Fort Apache for poaching its mineral lessors and obtaining top-leases in what could have been a more or less typical dispute of that nature. But a Texas court of appeals affirmed dismissal with prejudice of all claims against
Another Double-Fraction Mineral Deed: Rebutting the Presumption and the Presumed-Grant Doctrine
Several weeks ago the Supreme Court of Texas addressed the double-fraction mineral conveyance, reinforcing the “Van Dyke presumption” but not addressing how the presumption could be rebutted or the presumed-grant doctrine. Last week’s Clifton v. Johnson addresses both.
The deed and the suit
The typewritten title to a “Mineral Deed” was crossed out and “Royalty Deed”
The Saga of the Double-Fraction Mineral Conveyance Continues
Navigator Group, et al. v. Van Dyke, et al.* is the latest stopover in the journey of the double-fraction mineral conveyance through the Texas courts. The Eastland Court of Appeals rejected challenges to the Supreme Cout of Texas’ 2023 pronouncement in Van Dyke v. Navigator Group (Van Dyke II).
The history
Texas Business Court Resolves Energy Dispute
Co-author Gunner West
Slant Operating, LLC and Slant Holdings, LLC v. Octane Energy Operating, LLC, reveals the benefits and purposes of the Texas Business Court in resolving complex energy disputes (such as convincing businesses to abandon Delaware). The parties were presented with three detailed written opinions spelling out the Court’s rulings and the reasons
Texas Fossil Fuel Anti-Boycott Statute Violates the Constitution
It is often an attractive political gambit for legislative bodies to pass laws of doubtful constitutional validity in order to please their constituents. It can be a two-fer; when the court rules as expected the vanquished politicos then execrate the “activist judge”, securing even more votes and campaign contributions from said constituents owing to the
Crude Oil Traders Fend Off the Tax Man
Co-author Taylor Hall
It’s hardly a win for the little guy against The Man, but in San Patricio County Appraisal District v. Gunvor USA LLC (consolidated with a similar suit against Devon Gas Services, agent for Glencore Ltd.), a Texas court declared that inventories of crude oil stored in coastal tank farms were exempt
Right of First Refusal Addressed By Texas Court
Co-author Taylor Hall
In SM Energy Company v. Buzzard Roost Farms, Inc. a Surface and Subsurface Use and Compensation Agreement between operator SM and surface owners included a right of first refusal (ROFR) relating to placement of saltwater disposal wells drilled within five miles of the “Surface Lands”. Failing to notice the ROFR, SM
No Invoice, No Breach Under a COPAS Accounting Procedure
Co-author Gunner West
Last year we reported on Steelhead Midstream Partners, LLC v. CL III Funding Holding Company, LLC, where the Texas Supreme Court held that a pipeline owner’s breach-of-contract claim was not an impermissible collateral attack on a foreclosure judgment. The case went back to the Fort Worth Court of Appeals for a