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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