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
Co-author Jeremy WalterArk Sand Co., Inc. v. Bradley Demolition & Constr., LLC, et al has the appearance of a Hatfield and McCoy-grade grudge match. As often happens when litigation gets personal, the Texas Citizens Participation Act was invoked. The TCPA is the statute that protects citizens’ First Amendment rights such as free speech and
It is often a worthy strategy for the lessee to be aggressive with counterclaims against the lessor. Or how about we’re the Wehrmacht and the other guy is Poland.
Lessees should think twice about that strategy if it means complaining about the lessor’s public statements. In Lona Hills Ranch v. Creative Oil & Gas Operating LLC et al, that strategy ran afoul of the Texas Citizens Participation Act, Texas’s “anti-SLAPP” statute (“Strategic Lawsuits Against Public Participation”).
The TCPA authorizes dismissal of a legal action based on, relating to, or in response to a party’s exercise of the right of free speech, right to petition, or right of association.
Continue Reading Texas Anti-SLAPP Statute Stalls Lessee’s Counterclaim