James Contruction Group, LLC v. Westlake Chemical Corp. 2022 WL 1594955 (Tex. May 20, 2022) On an issue of first impression, the Texas Supreme Court held that writing is required when a contract demands written notice as a condition precedent to a right to enforce an obligation under that contract. Westlake Chemical Corporation hired James… Read more »
Monthly Archives: January 2023
Case Law Update: Nettye Engler Energy, LP v. BlueStone Nat. Res. n L.L.C.
Nettye Engler Energy, LP v. BlueStone Nat. Res. n L.L.C. 2022 WL 333368 (Tex. Feb. 4, 2022) At issue is deed language stating that royalty shall be delivered “free of cost in the pipeline [sic], if any, otherwise free of cost at the mouth of the well or mine[.].” The parties agreed that no PPC… Read more »
Case Law Update: Easom v. US Well Services
Easom v. US Well Servs. NO. 2120202, 2022 U.S. App. LEXIS 16556 (5th Cir. 2022) In a recent case on appeal to the 5th Circuit, the Court held (1) that COVID-19 does not count as a “natural disaster” for the purposes of the WARN Act’s notice requirement exception and (2) that the standard for the… Read more »
Case Law Update: Energen Resources Corporation v. Wallace
Energen Resources Corp. v. Wallas 2022 WL 726976 (Tex. Mar. 11, 2022) Following an explosion at a water well, Wallace – a worker at the site injured in the incident – brought this negligence claim against Energen Resources Corporation as the owner of the oil and gas leasehold estate in the land upon which the… Read more »
Case Law Update: Franklin v. Regions Bank
Franklin v. Regions Bank No. 21-30324 (5th Cir. 2022) This controversy stemmed from a mineral lease covering 1,805.35 acres in Louisiana, which included provisions dictating that it would terminate at the end of its term as to rights below the deepest depth drilled, known as deep rights, as well as nonproducing acreage. The operator drilled… Read more »
Case Law Update: Cimarex Energy Co. v. CP Well Testing, L.L.C.
Cimarex Energy Co. v. CP Well Testing, LLC 2022 WL 457447 (5th Cir. Feb. 15, 2022) In a Master Service Agreement (MSA) between Cimarex and CP Well, the parties agreed to obtain, “for the benefit of the other Party,” minimum insurance amounts to support their respective indemnity obligations. CP Well acquired $11 million in coverage,… Read more »
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