Jason Newman

Jason Newman is skilled in oil and gas litigation and energy dispute resolution with a focus on cutting edge legal issues implicated by the horizontal drilling revolution.

Jason represents and advises energy clients on legal issues and disputes arising from horizontal development in all parts of Texas and throughout the U.S., including New Mexico, Pennsylvania and West Virginia. Jason's experience includes representing clients in lease termination claims, royalty litigation, litigation over railcars used to transport crude oil, and disputes arising from joint operating and joint development agreements, midstream agreements, surface use, and title issues.

In addition to litigation and alternate dispute resolution, Jason represents and advises upstream client oil and gas operators in transactional engagements, including asset sales, oil and gas lease negotiations, and related title issues and risk mitigation. In 2016, he was selected as an “Energy & Environmental Trailblazer” by the National Law Journal. His clients include Murphy Oil Corporation, EOG Resources, Chevron, Repsol, and Halliburton, among others.

Energy Litigation

Upstream Oil & Gas Producers

• Defended large Panhandle oil and gas lease from partial termination claims involving a retained acreage clause
• Defended multiple lawsuits involving breach of royalty provisions for alleged underpayments, improper flaring, and improper allocation
• Defended lawsuit involving "frac hits" from horizontal drilling
• Summary judgment upholding validity of Eagle Ford oil and gas lease
• Dismissal of major oil and gas producers from flared gas royalty class action claims in North Dakota
• Summary judgment in favor of multiple operators in lawsuits over offset well provisions in oil and gas leases
• Defended lawsuit over alleged improper post-production deductions from royalty payments
• Defended lawsuit over anti-assignment provisions in Eagle Ford Shale oil and gas leases
• Defended against top-leasing and title claims related to oil and gas leases in the Eagle Ford Shale
• Defended lawsuit over preferential right to purchase in joint exploration agreement
• Multiple injunctions restraining interference with surface operations
• Defended lawsuit involving a top lease and challenge to the property description of a unit designation
• Defended multiple lawsuits involving M&M and mineral liens on oil and gas assets
• Multiple OSHA investigations involving injuries during oil and gas operations
• Dismissal of non-resident defendant in oilfield fatality lawsuit

Energy Transaction

• Represented purchaser in acquisition of $44 million of West Texas Permian Basin assets
• Represented purchaser in acquisition of multiple Reeves County, Texas oil and gas assets

Regulatory

• Defended MIPA action before Railroad Commission of Texas
• Electric utility - multiple disputed rate cases before Texas PUC
• Enstor, Inc. - various lawsuits and other matters in state court and before the Texas Railroad Commission regarding gas storage facilities
• Large renewable energy company - representation before the Public Utility Commission involving transmission for wind power
• Radioactive waste disposal - rate and other regulatory agency disputes before TCEQ regarding the disposal of radioactive waste

Other

• Foreign investor - recovered proceeds from sale of Texas oil and gas properties
• Large private company - insurance dispute with FCIC over crop and drought insurance benefits
• Commercial real estate company - temporary injunction to prevent eviction from commercial retail property
• Represented commercial real estate investor in partnership dispute
• Major electric and gas utility - defense against personal injury and property damage claims, including multiple defense verdicts after trial to jury
• Major electric and gas utility - appeal from trial court decision granting summary judgment in favor of utility

Representative Reported Cases

• Murphy Exploration & Prod. Co.—USA v. Adams, No. 16-0505, 2018 WL 244913 (Tex. June 1, 2018); affirming trial court ruling that well Murphy drilled was an "offset" per the terms of the lease
• Mzyk v. Murphy Exploration & Production Company-USA, No. 04-15-00677-CV, 2017 WL 2797479 (Tex. App.—San Antonio, June 28, 2017); affirming motion for summary judgment on offset well clause in favor of operator
• Mayo Foundation Foundation v. Courson Oil & Gas, Inc., - S.W.3d -, No. 07-16-00022-CV, 2016 WL 5874962 (Tex. App., Oct. 7, 2016); affirming motion for summary judgment of construction on continuous drilling and retained acreage clauses in oil and gas lease
• Cerny v. Marathon Oil Corp. Cerny v. Marathon Oil Corp., 480 S.W.3d 612, 614-25 (Tex. App.-San Antonio 2015, pet. filed); upheld lower court decision dismissing a family's nuisance and negligence claims against two oil companies for alleged health and property damage stemming from hydraulic fracturing operations near their home

Recognized for the U.S. in Oil and Gas Litigation in Chambers USA, 2020-2023

Recognized as a Texas Super Lawyer (Thomson Reuters), 2016, 2017 & 2018

Recognized as a Texas Super Lawyer-Rising Star (Thomson Reuters), 2012-2015

Listed as a Recommended Energy Litigator in the The Legal 500 U.S., 2013, 2014 & 2015; and in 2020 identified as one of only two lawyers in the U.S. as a "Leading Lawyer" for Energy Litigation: Oil and Gas

Recognized as a "Trailblazer" for Energy/Environmental Litigation by The National Law Journal, 2016

Profiled by Texas Lawyer in "Baker Botts' High-Powered Year," which honored the firm as the "2014 Energy Litigation Department of the Year"

Outstanding Young Alumni Award, Hardin-Simmons University, 2015

Judge Thomas Gibbs Gee Award for Outstanding Pro Bono Service, 2011