On May 8, 2015, the Supreme Court of Texas held in Phillips v. Carlton Energy Group, LLC[1]/ that an expert witness’s pre-suit evaluations of a coal bed methane concession in Bulgaria and his and another expert’s opinion testimony at trial were too speculative to support a jury’s damage finding for
Litigation
A Key Decision: Supreme Court of Texas Sides with Liskow Amicus Brief on Behalf of TXOGA
By Liskow & Lewis on
Posted in Litigation
On June 20, 2014, the Supreme Court of Texas ruled in Key Operating & Equipment, Inc. v. Hegar (PDF) that a mineral lessee in a pooled oil and gas unit has the right to use the entire surface of the pooled acreage, regardless of the location of the producing well or whether actual production from…
BP Victory in Legacy Case Becomes Final
By Liskow & Lewis on
Posted in Litigation
In a legacy case defended by Liskow & Lewis, the Louisiana Supreme Court recently denied Plaintiff-landowners’ writ application seeking review of an opinion of the Louisiana Third Circuit Court of Appeal that affirmed a unanimous jury verdict in favor of BP. Houssiere v. ASCO USA, 12-791 (La. App. 3 Cir. 1/16/13), 108 So. 3d 797.…
Supreme Court of Texas Revises Opinion in Pipeline Common-Carrier Case
By Liskow & Lewis on
The Supreme Court of Texas recently delivered a revised opinion discussing the power of eminent domain exercised by a common carrier CO2 pipeline. In Texas Rice Land Partners, LTD v. Denbury Green Pipeline-Texas, LLC, No. 09-0901, 2012 Tex. LEXIS 187 (Tex. Mar. 2, 2012), the Court was asked if a landowner…
Texas Supreme Court Offers Exemplary Damage Guidance
By Liskow & Lewis on
Posted in Litigation, Texas
Bennett v. Reynolds, No. 08-0074, 2010 WL 2541096 (Tex. June 25, 2010).
By Natalie Barletta and Andrew Wooley
In Bennett v. Reynolds the Supreme Court of Texas clarifies that the maximum ratio for exemplary to actual damages in Texas will rarely exceed 4 to 1 and that a defendant’s conduct generally, not just that specifically…
Fifth Circuit Dismisses Appeal in Comer v. Murphy Oil USA, et al
By Liskow & Lewis on
Posted in Litigation
By Michael A. Mahone, Jr.
The United States Court of Appeals for the Fifth Circuit recently dismissed the appeal in Comer v. Murphy Oil USA et al. because of the lack of a quorum. The appeal had been taken from the Southern District of Mississippi and a panel of the Fifth Circuit ruled on the…
Houston Court Rejects Weighted Average Royalty Payment Calculations Under Lease Agreement
By Liskow & Lewis on
Posted in Royalty
In Shell Oil Co. v. Ross, No. 01-08-00713-CV (Tex. App.—Houston [1st Dist.] February 25, 2010, no pet. h.), Ross, a mineral interest owner, brought a breach of contract, unjust enrichment, and fraud action against natural gas lessee, Shell. Ross alleged that Shell failed to pay royalties in accordance with the…
Texas Court Upholds Temporary Injunction, Finds Cash in Lieu of Bond Meets Statutory Requirements
By Liskow & Lewis on
Posted in Contracts, Litigation
By Marie Carlisle:
The principle issue addressed in Adobe Oilfield Services v. Trilogy Operating, Inc., No. 11-09-00162-CV (Tex. App.—Eastland January 29, 2010), involves the granting of a temporary injunction to prevent the filing of liens against oil wells. Trilogy entered into contracts with Adobe to drill six wells. Trilogy paid Adobe’s invoices for the…
Fifth Circuit Royalty Decision Stands — Supreme Court Denies Cert
By Liskow & Lewis on
Posted in Royalty
The United States Supreme Court has denied the Petition for Certiorari filed by the United States Department of the Interior in Kerr-McGee Oil & Gas Corp. v. U.S. Dep’t of the Interior, 554 F.3d 1082 (5th Cir. 2009). The high court’s refusal to consider Interior’s appeal allows the Fifth Circuit’s January 2009 decision to…
Fifth Circuit Reverses, Allows Texas to Intervene in Cy Pres
By Liskow & Lewis on
Posted in Royalty
By Marie Carlisle
On May 28, 2009, the Fifth Circuit decided In the Matter of: Lease Oil Antitrust Litigation, case no. 08-40230, reversing the District Court’s denial of the State of Texas’ motion to intervene in a matter concerning unclaimed settlement money from the oil antitrust action. The Fifth Circuit found that Texas met the…