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. Plains Expl. & Prod. Co. v. Torch Energy Advisors Inc., 473 S.W.3d 296 (Tex. 2015) (Excluded Assets clause in PSA) construes the Excluded Assets clause in a typical Purchase and Sale […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Petrohawk Properties, L.P. v. Jones 455 S.W.3d 753 (Tex. App.—Texarkana 2015, pet. dism’d) (Oral amendment extending agreement to lease) held that breach of contract claims under oral modifications that extended 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 Arbuckle Mountain Ranch of Texas, Inc. v. Chesapeake Energy Corporation, 810 F.3d 335 (5th Cir. 2016), cert. denied, 136 S. Ct. (2016). (Class action on leases terminated by foreclosure) 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. 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. Anadarko Petroleum Corporation v. TRO-X, L.P., No. 08-15-00158-CV, 2016 WL 1073046 (Tex. App.—El Paso Mar. 18, 2016, pet. filed) (Top leases) recognized a presumption that a lessor’s execution of a new lease terminated […]