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