Occasionally in my litigation experience I’m reminded of time-honored rules of law. Often I’m pleased, sometimes I’m not. So it was, I assume, for the parties in Midnight rilling, LLC v. Triche et al .The Rules
In Louisiana
In the Book of Revelation, the really scary guys were the four horsemen. Now, as then, some would have you believe that the end times are upon us. This time it is because of fracking. Is it really? Absent from many discussions about oil and gas drilling are fairness and objectivity. In their place are
Comparative Title Analysis in Texas, North Dakota and Montana co-authored by Katie English and Taylor Lamb
The Title Question
Harold Smith, the owner of Blackacre, and his wife, Wendy Smith, execute a deed covering all of their interest in Blackacre to Tiger Drilling. The deed reserves to Harold and Wendy a 50% mineral interest. Does
Co-author Michael Kelsheimer
Are your landmen independent contractors? Are they employees? What do they look like to the government?
Why should you care about these questions? Because your government cares. When independent contractors do not report all of their income, or take questionable deductions to reduce their earnings, Uncle Sam is deprived of income, FICA,
PanAmerican Operating Inc. v. Maud Smith Estate highlights the perils of working through independent landmen: maintaining enough control to be sure the work is done as you like it, but also wanting authority to disavow his actions should you desire.
PanAmerican hired an independent contractor, Wormser, to obtain oil and gas leases
Ross et al v. Enervest Operating, L.L.C. et al has several teachable moments for Louisiana royalty owners.
“Nice to Meet You” is Not a Demand
Under the Louisiana Mineral Code, a lessee is entitled to written notice from the lessor that royalties are due. The court concluded that such a notice must be more than
Co-author Travis Booher.All legislation is not good legislation. The good news is that some of it fails. Such is the case with H.B. 2590 passed by the 2013 Texas legislature but vetoed by the Governor. We mention it because it will be back in the next session.
The Bill, “An act relating to
Comparative Title Analysis in Texas, North Dakota and Montana. Co-authored by Katie English and Taylor Lamb
The Title Question
Your title examiner often encounters a conveyance to an individual “as Trustee” with no Trust specified in the instrument. For example, the Mineral Deed conveys all right, title and interest in Blackacre to “Harold Smith, Trustee,”
It must be maddening to non-lawyers that a large segment of an industry can operate in harmony by agreeing that a contract in widespread use means one thing, only to have party-crashers decide it means another. Total E & P U.S.A., Inc. v. Kerr-McGee Oil & Gas Corp. et al arose out
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