Tuesday, August 7th, 2018
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Noble Energy, Inc. v. ConocoPhillips Company, 532 S.W.3d 771 (Tex. 2017) held that a mutual, reciprocal environmental indemnity was an executory contract assumable in bankruptcy. Under a 1994 Exchange Agreement, ConocoPhillips […]

Tuesday, February 2nd, 2016
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 an opinion delivered by Justice Breyer, Oneok, Inc. v. Learjet, Inc. held (7-2) that the Natural Gas Act did not preempt state-law antitrust claims against natural gas traders who manipulated […]

Friday, September 4th, 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.   Edwards v. Lone Star Gas Company, S.W.2d , 33 Tx. Sup. Ct. J. 148 (January 3, 1990), involved a dispute as to the price to be paid for gas […]

Friday, September 4th, 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.   Dynegy Midstream Services, L.P. v. Apache Corp., 294 S.W.3d 164 (Tex. 2009), holds that for gas sold at the wellhead under common “percentage of proceeds” contracts, the gas processor […]

Friday, September 4th, 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.   Cherokee County Cogeneration Partners, L.P. v. Dynegy Mktg. & Trade, 305 S.W.3d 309 (Tex. App.—Houston [14th Dist.] 2009, no pet.), held that a Gas Purchase Agreement, which permits the […]