In Marathon Oil Co. v. Mercuria Energy America, LLC, the Texas Business Court (11th Division) considered a North American Energy Standards Board (NAESB) contract to buy and sell natural gas. With three opinions to discuss, this post will be longer than usual.
When the storm hit Texas, seller Marathon failed to
Thought you’d heard the last of force majuere cases arising from Winter Storm Uri? Think again.
In Marathon Oil Company v. Koch Services LLC. the question was how to measure damages suffered by Koch for Marathon’s failure to deliver gas.
Under a Base Contract Marathon was obligated to deliver gas at the Bennington Hub.
In re Luminant Generation Company LLC et al is a bitter pill to consumers in the litigation hangover after Winter Storm Uri. Takeaway: Texas does not recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid and ultimately to the customers.
The claims
Hundreds of
Unit Petroleum Company v. Koch Energy Services, LLC is another force majeure case arising out of winter storm Uri. Unlike a similar case, summary judgment was denied because, said the United States District Court,
The word “reasonable”, although not ambiguous, is a question of fact that must be answered by looking into the circumstances of
MIECO, LLC v. Pioneer Natural Resources presented a challenge to a force majeure defense in a dispute arising from Winter Storm Uri. The defense carried the day.
MIECO agreed to purchase 20,000 MMBtu/day of natural gas from Pioneer. Pioneer delivered residue gas from the tailgate of a Targa processing plant to two points near the