admin, Author at Brown & Fortunato

497 Dawkins v. Hysaw

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Dawkins v. Hysaw held that a will devised a fractional royalty of 1/24, not a fraction of royalty. The parties aligned as descendants of three sibling-beneficiaries, Inez, Dorothy, and Howard, […] More...

496 Forest Oil Corporation v. El Rucio Land and Cattle Company, Inc.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Forest Oil Corporation v. El Rucio Land and Cattle Company, Inc. held that the Texas Railroad Commission does not have exclusive or primary jurisdiction to determine remedies for claims for […] More...

483 McDaniel Partners v. Apache Deepwater

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. McDaniel Partners v. Apache Deepwater Facts: McDaniel succeeded to a production payment reserved in a 1953 assignment of four oil and gas leases. Two of the leases expired in 1994. […] More...

477 Millican DPC Partners, LP v. Frank Bobbitt McGregor Trust

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Millican DPC Partners, LP v. Frank Bobbitt McGregor Trust, 433 S.W.3d 67 (Tex. App.—San Antonio 2014, pet. filed), held a deed’s general description of the conveyed land as the same land […] More...

Five Common Labor Law Violations

Many employers find themselves facing employment related lawsuits that come directly from labor law violations. In many cases, the employer had no idea there was a problem until they received the lawsuit notice. It is important for employers to know about the five most common labor law violations and to take action to avoid problems. […] More...

Family And Medical Leave Act (FMLA) Basic Laws

Employers need to understand the basic requirements of the Family and Medical Leave Act (FMLA). The FMLA offers qualified employees the right to take unpaid leave in certain situations. Employers need to know what is involved, what the employees’ rights are, and what rights the employer has. What is a qualified employee entitled to under […] More...

The Importance of Employment Laws

In recent years, there has been a negative response to employment laws. Some employers have been working to try to reduce the legal protections given to workers in the name of higher profits. Employment laws were put in place to protect workers from wrongdoing by their employers. Without those statutes, workers would be vulnerable to […] More...

535 Envtl. Processing Sys., L. C. v. FPL Farming Ltd.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Environmental Processing Systems, L.C. v. FPL Farming, Ltd. held that “lack of consent” is an element of the cause of action for trespass and not an affirmative defense. FPL Farming, […] More...

534 Albert v. Dunlap Exploration, Inc.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Albert v. Dunlap Exploration, Inc. held that a horizontal Pugh clause in a lease did not apply to gas wells drilled on a pooled unit pooled as to all depths […] More...

533 Roland Oil Co. v. R. R. Comm’n of Texas

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Roland Oil Co. v. R.R. Com’n of Texas held that an operator did not establish a good faith claim to a continuing right to operate a lease under the rules […] More...