Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Flanagan v. Chesapeake Exploration, LLC No. 3:15-CV-0222-B, 2015 WL 6736648 (N.D. Tex. Nov. 4, 2015) (mem. op.) (Implied duty to reasonably market) described the proper pleading for breach of the implied […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Chesapeake Exploration, L.L.C. v. Hyder, No. 03-14-00257-CV, 2015 WL 9583873 (Tex. App.—Austin Dec. 29, 2015, pet. filed) (mem. op.) held that an overriding royalty was free of all post-production costs. The […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Garcia v. Genesis Crude Oil, L.P., 13-14-00727-CV, 2016 WL 1732436 (Tex. App.—Corpus Christi Apr. 28, 2016, no. pet.) (mem. op.) (Payment satisfies Division Order Statute), held that payment of suspended royalties plus interest […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Hooks v. Samson Lone Star, Limited Partnership held that although reasonable diligence should lead to discovery of information in the records of the Texas Railroad Commission (“TRC”), fraudulent filings in the […]
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 Gavenda v. Strata Energy, Inc., 705 S.W.2d 690 (Tex. 1986), the Supreme Court refused to find division orders a bar to recovery of underpaid royalties. The case arose […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Potts v. Chesapeake Exploration, L.L.C. held that the net-back method should be used to determine market value at the point of sale when there are no comparable sales at […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Warren v. Chesapeake Exploration, L.L.C. held that the royalty clause of an oil and gas lease permitted deduction of post-production costs incurred by lessee in delivering marketable natural gas from […]
