Golden Eagle Resources II LLC v. Rice Drilling D LLC. presents a small step in the development of subsurface trespass law in Ohio. The federal court considered a motion to dismiss, in which it evaluated the sufficiency of the complaint to state a cause of action. Such a motion is not a challenge to
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Trespass But no Damages in a Texas Case
By Charles Sartain on
What does it take these days to get money from a Texas jury? Not much, it seems; in XTO v. Goodwin the trick was convincing a higher court that you should keep it.
Let’s start with the minefield that is the law of evidence:
- Expert opinion testimony must be based on facts, and sound reasoning and methodology.
- Conclusory or speculative opinion testimony is not relevant.
- An opinion with no factual substantiation is speculative or conclusory.
- Expert testimony based on unreliable data or flawed methodology is unreliable and does not satisfy the relevancy requirement.
- Unreliable expert testimony is legally no evidence.