In the latest episode of Oil and Gas Law: In 5 Five Minutes or Less, KRCL’s video series covering key legal developments for energy industry professionals, litigation partner Tom Ciarlone discusses the troubling intersection of division orders, joint tenancies, and estoppel.
In the latest episode of KRCL’s energy law podcast, litigation partner Tom Ciarlone sits down with Brett Podkanowicz, in-house counsel for land and legal at Encore Permian in Midland, Texas.
In the second episode of Oil and Gas Law: In 5 Five Minutes or Less, KRCL’s new video series covering key legal developments for energy industry professionals, Tom Ciarlone examines a recent Texas Supreme Court decision on interpreting mineral leases and other oil-and-gas contracts.
Oil and Gas Law: In Five Minutes or Less is a new video series from KRCL’s Energy and Transportation Practice Group, covering important developments out of courts in Texas that are mission critical to industry professionals.
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 […]
The Texas Supreme Court, beginning in 2017, began issuing a number of decisions altering the analysis for the interpretation of oil-and-gas agreements, principally mineral leases and conveyances. I wrote about many of these opinions as they were released: “Texas High Court Ruling Sows Confusion On Mineral Deeds” (Wenske v. Ealy) (Law360, subscription required)—chipping away at […]
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 normal course, when landowners believe they have been underpaid royalties under an oil-and-gas lease, they sue individually. Most of the time the core claim is for breach of contract (notwithstanding that royalty-underpayment petitions are often littered with tertiary, throw-away causes of action that no one takes very seriously). As I have written in […]
In the latest episode of our energy law podcast, learn about offset wells and liquidated damages as unenforceable penalties; the arrival of anti-SLAPP in the oil patch; and the Texas Supreme Court’s warning to mineral purchasers: buyer beware.