SELECTED CASES & EXPERT RETENTIONS

Hill County Exploration Partnership and Brown Paper Partnership v. Graward Operating, Inc. and John Steven Graward, Individually; Cause No. 05-3369-B, 114th Judicial District Court, Smith County, Texas' 

Expert on behalf of an operator on subjects arising under AAPL Operating Agreements including of Maintenance of Uniform Interests, non-consent operations, and lien rights/remedies. Also concerning actions a reasonable and prudent operator undertakes to market oil and gas production from the contract area.

Pinnacle Gas Treating, Inc. v. Read, 160 S.W.3d 564 (Tex. 2005)

Condemnor of gas pipeline in successful appeal to Texas Supreme Court concerning authority of District Judges to exchange benches and sign orders in another district court.

Famcor Oil, Inc. v. Whiting Petroleum Corp., Middle Bay Oil Company, Inc.; Tipperary Oil and Gas Corporation, Unit Petroleum Company and Famray Investments, LLC.; Cause No.17522, 411 Judicial District Court, Polk County, Texas.

Expert on behalf of an operator in interpretation of pooling clauses, Pugh clauses, retained acreage clauses, amendment and dissolution of pooled units, and the exhaustion of pooling authority under an oil or gas lease, horizontal and vertical severance clauses.

Marathon Oil v. Camp Cooley, Ltd; Cause No., Judicial District Court, Robertson County, Texas.

Expert on behalf of lessee under oil and gas lease on subject of dominance of mineral' estate over surface estate and applicability of accommodation doctrine; burdens on surface estate by notice of previous mineral reservations.

Atlantis Oil Company, Inc. v. James Weaver and Weaver Surveying; Cause No. 2004-395; 4th Judicial District Court, Rusk County, Texas.

Expert on behalf of operator in dispute with surveyor for negligent preparation of well location plat and recovery of costs to drill and plug well drilled at incorrect location due to negligently prepared plat. Issues included oral granting of authority when no written operating agreement was executed and general agency principles.  

Cause No. 07-399, 87th Judicial District Court, Leon County, Texas.

Expert on behalf of party to an operating agreement in dispute on whether or not other party to operating agreement, who acquired leases within an Area of Mutual Interest, had an obligation to offer the first party a right to participate in the lease acquisition. Issues involved AAPL Model Form Operating Agreement provision regarding reacquisition of leases and “Additional Provisions” added thereto, controlling provisions, interplay between printed provision and typed Area of Mutual Interest clauses in Additional Provisions.

Fair Oil, Ltd. V. John Forrester, Cause No. 2008-453, 402nd Judicial District Court, Wood County, Texas.

Expert on behalf of successor operator in dispute with former operator and coworking interest owner. Issues concerned tract wells, unit wells, expiration of leases, the rights of parties to operating agreements to participate in leases. 

Westchester Assets, Ltd. V. EXCO Operating, Ltd., et al; Cause No. 10-0382, 71st Judicial District Court, Harrison County, Texas.

Expert on behalf of lessee of original leases in dispute as to whether Pugh Clause with depth severance provision was applicable under facts of the case. Dispute involved whether deep rights had reverted to lessor or were maintained by the original lease. Interpretations of the meaning of the geological term “formation” as it relates to the Cotton Valley and Haynesville shale.

Annie Dickey Taylor et al v. Chinn Exploration Company and Cherokee Royalty Syndicate et al; Cause No. 2009-2036A, 188th Judicial District Court, Cherokee County, Texas.

Expert on behalf of mineral owner seeking to void a receivership oil, gas and mineral lease purportedly covering minerals. Issues involved claims of fraudulently invoking receivership statute, trespass, conversion.

Michal Ruth Chandler et al v. Larry T. Long, Trustee, Cause No. C24, 445-2008; 445th Judicial District Court, Nacogdoches County, Texas.

Expert on behalf of mineral owner seeking determination that a shut in gas well was not producing in (or capable of) in paying quantities; that a tract oil well could not hold leases in pooled gas unit.

Crisp Oil & Gas v. Kathleen Sue Boyer et al, Cause No. CV-14-9521, 14th Judicial District Court, Nacogdoches County, Texas.

Expert on behalf of mineral owner in dispute with mineral cotenant concerning interpretation of reservations of mineral estate in deeds, and whether or not royalty interest reserved was a fixed royalty or variable royalty.

3C-4C Family, LLC as General Partner of 3C-4C Family Limited Mineral Partnership, LP v. Carizzo Oil & Gas, Inc. and Eagle Ford Minerals, LLC, Cause No. 12-12-00224-CVL, 218th Judicial District Court, Lasalle County, Texas.

Expert on behalf of lessor mineral owners in case involving whether or not a lease had terminated at end of primary term. Case involved a well that commenced on an adjacent tract and penetrated subject lease prior to end of primary term. Also interpretation of pooling clause, retained acreage clause, whether or not a reasonable and prudent operator would file a pooled unit declaration prior to drilling a well, whether or not filing Form P-12 at the Texas Railroad Commission may operate as a designation of pooled unit.

Marilyn Mills v. Fossil Resources, Inc., Cause No. C24-327-2008, Judicial District Court, Nacogdoches County, Texas'

Expert on behalf of lessor mineral owner in case involving whether or not a well was producing in paying quantities sufficient to perpetuate a lease and whether or not the lessee had breached the covenant of reasonable development. Case also involved interpretation of wellbore assignment and what estate is covered by a wellbore assignment.

Integrated Petroleum Technologies, Inc. v. Samson Lone Star Limited Partnership, Cause No. 2005-CI-00809, 166th Judicial District Court, Bexar County, Texas.

Expert on behalf of well operator in case involving interpretation of a well development agreement with frac design engineering company. Case involved whether or not frac design/development agreement conveyed an interest in real property and production or a personal right to receive money if, as and when production was sold.

Samson Lone Star Limited Partnership v. EXCEL Operating Corporation d/b/a Speegle Oil & Gas, Mike Speegle and Mike Nolte; Cause No. 2007-165, 4th Judicial District Court, Rusk County, Texas.

Expert on behalf of mineral lease owner in case against cotenant involving partial assignment of oil and gas leases, wellbores, and refusal to execute Texas Railroad Commission forms necessary to assign acreage to proration units.

Geodominion Petroleum, et al v. Samson Lone Star, LLP, et al, Cause No. 36813, Matagorda County, Texas'

Expert on behalf of mineral owner that had contracted for seismic to be shot over leasehold. Case involved seismic trespass to mineral estate and trespass to surface estate, dominance of mineral estate over surface estate and accommodation doctrine.

Elton Goodwin v. XTO Energy, Inc., Cause No. CV-13-9496, San Augustine County, Texas'

Expert on behalf of defendant lessee in a case in which lessor argued trespass and conversion for a wellbore crossing property line between tracts lessee believed to be the lessee under. This case is currently on appeal.

E-Spectrum Advisors, LLC v. Shenandoah Resources, LLC, Cause No. DC-15-10891, 95th Judicial District Court, Dallas County, Texas.

Expert on behalf of defendant Shenandoah Resources, LLC in a case in which the plaintiff argued that it was due a “commission” and “success fee” under an consulting agreement for a refinancing of Shenandoah’s debt from a new lender not sourced or originated by the plaintiff.

Linnie Young v. Phoenix Fund, Inc. et al; Case No.02-17-0022-2200; In The American Association of Arbitration.

Expert on behalf of claimant who executed an instrument she believed to be a “lease” but respondents later claimed was a term royalty deed. Claimant prevailed and an arbitration award affirming Claimant’s position of ownership, voiding the transaction, and awarding over $6,000,000 in damages, costs and attorney’s fees.

Fred Marvin Lingle v. American Assurance 2000, LP et al; Cause NO. 2008-304; 4Th Judicial District Court, Rusk County, Texas.

Expert on behalf of defendants who had purchased a royalty interest in lands in Rusk County, Texas from Plaintiff. Subsequent to the purchase additional wells were drilled and Plaintiff claimed the royalty deed had a limited grant of only the wells that had been drilled as of the date of the conveyance.

Superior Energy Services, Inc. et al v. Larry Davis et al; Cause NO 048-295879-17; 48Th Judicial District Court, Tarrant County, Texas.

Expert on behalf of defendants who were employees of Plaintiff, and provided ancillary services to Plaintiffs in connection with Plaintiff’s business operations in the Permian Basin. Plaintiffs allege that Defendants breached duties to their employers by providing the services.