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 […]
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. ETC Mktg., Ltd. v. Harris County Appraisal Dist., 476 S.W.3d 501(Tex. App.—Houston [1st Dist.] 2015, pet. filed) (Ad valorem taxation of interstate gas in storage) held that natural gas stored in […]
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 […]
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 under […]
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 was […]
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 gas […]
