Wednesday, September 2nd, 2015
CASE OF THE MONTH Richard F. Brown   This month we begin a new feature of our newsletter in which we will bring you a brief summary of a recent case which may have widespread significance for our readers. This month’s case is:   MBank Abilene, N.A. v. Westwood Energy, Inc., _ S.W.2d _ (Tex. […]

Wednesday, September 2nd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Williams v. Baker Exploration Co., 767 S.W.2d 193 (Tex. App.–Waco 1989, writ den. 9/6/89) is another division order case which appears to limit the protection accorded to the lessee […]

Wednesday, September 2nd, 2015
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.   Fuller v. Phillips Petroleum Co., 872 F.2d 655 (5th Cir. 1989), concerned the obligation of the operator, under the terms of the operating agreement, to notify nonoperators […]

Wednesday, September 2nd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you.   Texstar North America. Inc. v. Ladd Petroleum Corporation, 809 S.W.2d 672 (Tex. App.– Corpus Christi 1991, writ den.), addresses whether working interest owners in a well have a […]

Wednesday, September 2nd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you.   Stine v. Husky Oil Company, F.2d (5th Cir. 1992 Nos. 90-2570 and 91-2220) construes the effect of the exculpatory language in the JOA which reads:   [Operator] shall […]

Wednesday, September 2nd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you.   Enduro Oil Company v. Parish & Ellison, 834 S.W.2d 547 (Tex. App.–Houston [14th Dist.] 1992, writ den.), concerns the priority of the joint operating agreement (JOA) lien and […]

Wednesday, September 2nd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you.   Johnston v. American Cometra, Inc., 837 S.W.2d 711 (Tex. App.–Austin 1992, writ den.), concerns the operator’s liability to nonoperators for failure to pursue take-or-pay claims against the gas […]