admin, Author at Brown & Fortunato

345 Bonn Operating Co. v. Devon Energy Prod. Co.

CASE NOTE Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Bonn Operating Co. v. Devon Energy Production, Co., 613 F.3d 532 (5th Cir. 2010, held that a notice of a proposed well under a Joint Operating Agreement […] More...

347 Holland v. Thompson

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Holland v. Thompson, 338 S.W.3d 586 (Tex. App.—El Paso 2010, pet. denied), held that the discovery rule did not toll the running of limitations on claims for fraud when […] More...

366 ConocoPhillips Co. v. Dahlberg

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. ConocoPhillips Co. v. Dahlberg, No. C-10-285, slip op. (S.D. Tex. Feb. 22, 2011), held that a reference to the “Villarreal #1” in a Participation Letter was an adequate legal […] More...

369 Teon Mgmt., LLC v. Turquoise Bay Corp.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Teon Management, LLC v. Turquoise Bay Corporation, No. 11-10-00050-CV, 2011 WL 1326325 (Tex. App.—Eastland Apr. 7, 2011, Opinion withdrawn on grant of rehearing, 2011 WL 5089797), held that a […] More...

370 Long v. Rim Operating, 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. Long v. RIM Operating, Inc. held a blackout provision in a JOA to be enforceable. Article VI.B.2. of the 1982 American Association of Petroleum Landmen Model Form Operating Agreement […] More...

371 Hernandez v. El Paso Prod. Co.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Hernandez v. El Paso Production Co., No. 13-09-184-CV, 2011 WL 1442991 (Tex. App.—Corpus Christi Apr. 14, 2011, no pet.) (mem. op.), held that grantors appearing to convey a one-sixteenth […] More...

374 R.R. Comm’n of Tex. v. Tex. Citizens for a Safe Future & Clean Water

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Railroad Commission of Texas v. Texas Citizens for a Safe Future, 336 S.W.3d 619 (Tex. 2011), held that a Texas Railroad Commission (“TRC”) determination that the term “public interest” […] More...

375 Walker v. Campuzano Enters., Ltd.,

CASE NOTE Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Walker v. Campuzano Enterprises, Ltd., No. 02-10-00061-CV, 2011 WL 945167 (Tex. App.—Fort Worth Mar. 17, 2011, no pet.) (mem.op.), applied the Duhig Rule to hold that a […] More...

376 Western Refining Sw., Inc. v. Fed. Energy Regulatory Comm’n

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Western Refining Southwest, Inc. v. Federal Energy Regulatory Commission, 636 F.3d 719 (5th Cir. 2011), held that a lessor of an oil pipeline under a capacity lease agreement is […] More...

381 BP Am. Prod. Co. v. Marshall

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. BP America Production Company v. Marshall, 342 S.W.3d 59 (Tex. 2011), held that, among cotenants, the payment of a royalty rather than a cotenant share is sufficiently hostile to […] More...