Thursday, September 3rd, 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.   El Paso Field Services, L.P. v. MasTec North America, Inc., 389 S.W.3d 802 (Tex. 2012, held that provisions in a pipeline construction contract allocating the risk of undiscovered foreign […]

Thursday, September 3rd, 2015
Richard F. Brown Fasken Land and Minerals, Ltd. v. Occidental Permian Ltd.,          S.W.3d                                                                                                                        , 2005 WL 1539260 (Tex. App.—El Paso 2005, pet. denied), addresses disputes involving a preferential right to purchase provision and a removal of operator provision. Occidental or its affiliates (“OXY”) were the operator and seller of a 75% interest in the MFU […]

Wednesday, September 2nd, 2015
CASE OF THE MONTH Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Texas Oil & Gas Corporation v. Hagen, S.W.2d , 31 Tex. S. Ct. J. 140 (December 19, 1987). Hagen owns royalty in gas units largely […]

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. Parker v. MSB Energy, Inc. (In re  MSB  Energy,  Inc.),  438  B.R.  571  (Bankr.  S.D. Tex. 2010), held that because there was no “available pipeline” for the lessee to transport 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.   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 […]

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.   Red River Resources Inc. v. Wickford, Inc., 443 B.R. 74 (E.D. Tex. 2010) (mem. op.), held that a cessation of production caused by a severance order issued by the […]

Tuesday, September 1st, 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.   Harrington v. Magellan Pipeline Co., L.P., 10-09-00131-CV, 2011 WL 6225276 (Tex. App.—Waco Dec. 14, 2011, no pet.) (mem. op.), held that a pipeline easement and subsequent assignment were ambiguous […]