In the latest episode of our energy law podcast, we discuss recent guidance from the Texas Supreme Court on interpreting oil-and-gas contracts; cross-jurisdictional differences surrounding the rule of capture and subsurface mineral trespass; and troubling class action developments for operators and other industry participants.
I have written previously about class certification in the oil patch. Frequently the emphasis is around whether the putative class can satisfy Rule 23’s commonality and predominance requirements. The recent trend has been toward troubling developments for operators, including courts that focus on ostensibly “common” facts that are irrelevant to the claims asserted or, worse […]
In the latest episode of our energy law podcast, we discuss troubling developments at the intersection of class actions and consumer protection laws in royalty underpayment cases; the Texas Supreme Court’s latest pronouncements on the duties of executive mineral rights owners to non-executives; and a new appellate court decision that addresses when the acceptance of […]
In the latest episode of our energy law podcast, we discuss several appellate decisions from Texas that touch on class actions and farmout agreements.
Earlier this week, in Seeligson v. Devon Energy Production Co. LP, the Fifth Circuit reversed a Texas federal court’s decision to certify a class of mineral lessors who had sued Devon Energy for the alleged underpayment of royalties. While at first blush this may sound like a victory for the industry, precisely the opposite is […]
Earlier this year, we brought you our first quarter update on major developments in oil and gas law in Texas and throughout the country. Now, we are back with our second quarter update. We began 2Q17 with a discussion of the intersection of the oil patch with class actions and the Fair Labor Standards Act; the federal […]
Our energy law podcast is back from a brief hiatus for the Independence Day holiday with a quick look at the legal developments in oil-and-gas law that July has brought us so far.
Increasingly, class actions are—for all intents and purposes—won or lost at the certification stage. After all, if a class is certified, especially under the heightened standards for class treatment that have been articulated by the United States Supreme Court in recent years, the exposure for defendants in the vast majority of cases is simply too […]
In this week’s edition of our energy law podcast, you’ll learn about multiple decisions that came out of the Texas Supreme Court on Friday, which can directly impact your operations in the oil patch, as well as one of the first jury verdicts addressing the increasing trend of mineral lessors challenging the deduction from their […]
Featured in this week’s episode of our energy law podcast: the Texas Supreme Court issues new guidance for noise-and-pollution claims in the oil patch, as well as a landmark opinion on subsurface mineral trespass; Colorado energy regulators ask their state’s high court to clarify their responsibilities; another federal court strikes down an oil-and-gas class action […]