Last Friday, the Texas Supreme Court declined to extend the “latent occupational disease” discovery rule to a plaintiff whose exposure to frac fluid ultimately caused skin cancer, reversing the Thirteenth (Edinburg) Court of Appeals. “Latent Occupational Disease” Rule in Multi-Injury Cases In Schlumberger Technology Corporation v. Pasko, the plaintiff alleged he contracted skin cancer as […]
“Latent Occupational Disease” Rule Inapplicable to Frac Fluid Exposure Causing Skin Cancer
SCOTX: Term Royalty Interests Survive the Rule Against Perpetuities
It is one of those arcane principles discussed at length in textbooks that manifests itself in the real world far less frequently: the rule against perpetuities, the notion “that no interest within its scope is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest.” Hunt […]
Pennsylvania Departs from Texas on Trespass by Hydraulic Fracturing
In Texas, the long-standing “rule of capture” controls claims for subsurface trespass predicated on hydraulic fracturing activities. The rule of capture is, of course, shorthand for the theory that landowners acquire title to the minerals they produce from wells on their land, even when some of the oil or gas migrates from adjoining tracts.
“Data Dump” Trade Secrets Prosecution Tactics: Untouched by SCOTX in the Oil Patch
Ah, the “data dump”: Party A sends a request for production; Party B gives responsive documents plus an extra 50,000 pages. The tactic is used by plaintiffs’ and defense attorneys alike – and in each scenario, the receiving side feels the pain.
Technology, Transportation, and the Oil Patch
In the latest episode of our energy law podcast, the co-chair of KRCL’s Transportation Practice Group, Daniel Guerra, speaks to the many pitfalls and advances lying at the intersection of technology, trucking, and railroads in the oil patch.
Oil and Gas Law: 2018 Thus Far
Although the New Year is still young, there are already many legal developments to report in the oil and gas sector. In no particular order, this is a cross-section of what has emerged at the intersection of the law and the energy industry thus far in 2018.
Emerging Oilfield Bankruptcy and Insolvency Issues
In the newest episode of our energy law podcast, the head of KRCL’s Distressed Strategies Practice Group, Michael Ridulfo, discusses some of the bankruptcy pitfalls facing even the healthiest of companies operating in the upstream and midstream segments.
Practical Advice for Protecting Trade Secrets in the Oil and Gas Industry
In this week’s episode of the firm’s energy law podcast, labor and employment partner AJ Johnson is featured in the second installment of a six-part series with guest speakers from Kane Russell Coleman Logan PC on a variety of key and emerging legal issues impacting the oil-and-gas industry. AJ tackles a topic that is a perennial headache […]
Oil and Gas Law: 2017 Year in Review
At the end of the year, I like to take stock—in summary form—of the leading decisions impacting the energy industry. Historically, this has been for my own personal reference, or something I share inside our firm with my partners. Since this crib sheet of sorts has been well received by my colleagues, I figured there […]
Texas Court of Appeals Decides Major Mineral Ownership Row
On December 14, 2017, the Corpus Christi Court of Appeals decided Haywood WI Units, Ltd. v. B&S Dunagan Investments, Ltd., et al., a long-running dispute over the ownership of minerals in Liberty County. The decision addresses mineral deed interpretation issues and the recoverability of attorneys’ fees under the declaratory judgment statute where non-possessory interests such […]