National Press Photographers Association v. McCraw – UPDATED 2022 WL 939517 (W.D. Tex. Mar. 28, 2022) After determining that the use of drones for newsgathering photography was subject to First Amendment protection, the court discussed what level of scrutiny should apply to its analysis. A law is subject to the strictest scrutiny if it is… Read more »
Posts By: Rachel
Case Law Update: National Press Photographers Association v. McCraw
National Press Photographers Association v. McCraw 2022 WL 939517 (W.D. Tex. Mar. 28, 2022) Sections 423.002-.004 and 423.006 of the Texas Government Code (the “Surveillance Provisions”) impose both civil and criminal penalties for using drones to capture images of individuals and private property “for use in surveillance.” Sections 423.0045 and 423.0046 of the Texas Government… Read more »
Case Law Update: Kingfisher Wind, LLC v. Wehmuller
Kingfisher Wind, LLC v. Wehmuller 2022 OK 83 In 2015, Kingfisher Wind, L.L.C. (“Kingfisher Wind”) began construction of a wind farm that was split between Kingfisher and Canadian Counties in Oklahoma (“Counties”). This case concerns the discrepancy in the value placed on the property by Kingfisher Wind and the Canadian County Tax Assessors. Kingfisher Wind valued… Read more »
Case Law Update: James Construction Group, L.L.C. v.Westlake Chemical Corp.
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 »
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 »
Rachel Reese featured on Oil Money
Oil Money Podcast with Yousuf Chaudhary and Donnie Davis Bulldog Oil and Gas attorney, entrepreneur and most recently on Hart Energy’s 40 under 40! Rachel Reese talks ambition, balance and the importance of networking. Stay tuned to future episodes of Oil Money to hear the new legal segment hosted by Rachel. She’ll be breaking down… Read more »
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