Co-author Brooke SizerIt’s been said that your most important decisions are made when you write your contract, not when you have to sue on it. Kachina Pipeline Company v. Lillis agrees.
In a gas-purchase agreement, can the pipeline operator (Kachina) deduct costs of compression from its payments to the producer (Lillis).
“No”, said the
Co-Author Matthew WheatleyIn Texas, lost profits can’t be recovered as damages unless proven to a “reasonable certainty”.
Question 1: What does that mean?
Question 2: Does it matter if the deal is in Bulgaria?
Let’s get rid of the second one first. Bulgaria or no Bulgaria, it doesn’t matter as long as Texas law
Co-authors Preston Kamin and Joe VireneEverybody from the well site to the board room has an opinion about when oil prices will “rebound”. Rather than an opinion, we have a question: How do I collect my money while we’re waiting?
This post is a refresher for service companies and suppliers looking for money from
Co-author Alexandra CrawleyIn Elm Ridge Exploration Co., LLC v. Engle we are reminded of a little-used provision in the 1989 Model Form Operating Agreement. Article VI.D.1 allows the operator to use its own equipment, but his charges may not exceed prevailing rates in the area, and the rates must be agreed to in writing
Today is a grab-bag of topics, a pastiche if your college tuition was higher than mine.
When Will the Fat Lady Sing?
El Paso Marketing, LP v. Wolf Hollow I, L.P., involving a gas plant Supply Agreement, continues its tortured journey through the Texas civil justice system. Chance Decker and I reported on this
Co-author Brooke SizerIn Olympia Minerals et al v. HS Resources, et al, the Louisiana Supreme Court addressed a decision we discussed in a February entry by affirming in part, reversing in part, amending in part and remanding (because why do one thing when you can do four). The case involved the “North Starks
On August 27, in In re Heritage Consolidated, L.L.C., the Fifth Circuit Court of Appeals granted subcontractor’s lien rights to two oil and gas drilling contractors. The Court reversed a district court ruling which
Co-author Brooke SizerJ-W Operating Co. v. Olsen is another Louisiana concursus (“It’s not my money, Your Honor; let them fight over it”).
The Trust
In 2006, Fred Houston created the Fred L. Houston Trust and placed into it the Tenneco lease, which had been producing since 1974. Ms. Williams was the trustee. The trust
I say, “Let’s go down to the crab shack for some seafood”. You say, “I agree, we’ll go to a steakhouse for a big, juicy slab of cow”. Am I obligated to join you to split a 32 ounce Porterhouse with three sides and a Cabernet with a 94 rating?
No. In
MDU Barnett Ltd. P’ship v. Chesapeake Exploration Ltd. P’ship is at least three things:
In 2005 Chesapeake and Conglomerate Gas entered