Face Challenges Confidently

FORCE MAJEURE

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.   Allegiance Hillview, L.P. v. Range Texas Production, LLC, 347 S.W.3d 855 (Tex App.—Fort Worth. 2011, no pet.) held that a city’s failure to issue a drilling permit was an […]

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.  Energytec, Inc.  Facts: TRC approves well plugging procedure. 3/08 TRC Shut-in Order #1 for plugging procedure. 12/17/08 TRC notice of production imbalances. 1/16/09 TRC Shut-in Order #2 for production imbalances. 1/20/09 Shut-in […]

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.  Hydrocarbon Mgt. v. Tracker Exploration, 861 S.W.2d 427 (Tex. App.–Amarillo 1993 no writ) analyzes whether three savings clauses in a lease are sufficient to preserve the lease on a gas […]

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.   In re Nueces Petroleum Corp., No. 06-3696, 2007 WL 418889 is a production in paying quantities case. The court held that the lease could only be extended under three […]

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.  Moore v. Jet Stream Investments, Ltd., 261 S.W.3d 412 (Tex. App.—Texarkana 2008, pet. denied) holds that failure to comply with regulations is not within a lease force majeure clause, but […]

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.  Vortt Exploration Co., Inc. v. EOG Resources Inc., No. 11-07-00159-CV, 2009 WL 1522661 (Tex. App.—Eastland May 29, 2009, rule 53.7(f) motion granted) (mem. op.), held that two separate saving clauses […]

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.  Virginia Power Energy Marketing, Inc. v. Apache Corp., 297 S.W.3d 397 (Tex. App.— Houston [14th Dist.] 2009, pet. denied), holds that a “reasonable efforts” contract provision does not trump a force […]