(Podcast) Energy Law Round Up

Originally published by Thomas G. Ciarlone, Jr..

Learn about troubling developments at the intersection of class actions and consumer protection laws in royalty underpayment cases; get the details on the Texas Supreme Court’s latest pronouncements on the duties of executive mineral rights owners to non-executives; and hear about a new appellate court decision that addresses when the acceptance of royalties will operate as a waiver of an anti-pooling clause in an oil-and-gas lease.

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No reversible jury charge error

Originally published by David Coale.

The federal system’s more-forgiving approach to what Texas state practice calls “the Casteel problem was on display in Young v. Board of Supervisors of Humphreys County, Mississippi. After a jury trial, Young won a judgment under § 1983 for depriving him of the use of several properties. Among other appeal points, “The Board takes issue with Jury Instruction 4, which told the jury that it could find the Board liable if it found, by a preponderance of the evidence, one of three things: (1) ‘The Board of Supervisors authorized a violation of Mr. Young’s property rights,’ (2) ‘Dickie Stevens had been given the authority by the Board to take the action he took with respect to Mr. Young’s property,’ or (3) ‘The Board ratified Dickie Stevens’ actions after the fact.’” The Fifth Circuit held that as to the second theory, “[e]ven assuming that the court erred in allowing the jury to determine whether Stevens was a policymaker, there was legally sufficient evidence for a reasonable jury to hold the Board liable on a ratification [the third] theory . . . Thus, ‘any injury resulting from the erroneous instruction is
harmless.’“ No. 18-60618 (June 21, 2019).

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Lawyers: Succeeding Under Pressure

Originally published by Cordell Parvin.

Nancy and I watched the LPGA Championship this weekend. Under tremendous pressure, Australian golfer Hannah Green hit a shot out of the bunker on the last hole and sank a 6-foot putt to win by one stroke. We cheered for her to win.

I was reminded of this famous golf quote:

All professional golfers have to deal with pressure. Those who have never won a tournament on the tour deal with more pressure. Those whose whole country is behind them face even more pressure.

American golfers are generally playing for themselves. Because there are so many on the LPGA tour, Korean LPGA golfers are generally playing for themselves. Hannah Green was playing for all of Australia with Karrie Webb and young Australian women golfers who have won Karrie Webb’s scholarship watching intently from the gallery.

There are many back stories to Green’s win. One was a little girl who had written a poem for her. How a poem boosted Green to capture first major at Women’s PGA. Watch her interview below and you’ll understand what winning meant to her.

Hannah Green Interview

“It really is surreal.”An emotional Hannah Green talks with Jerry Foltz following her incredible victory in Minnesota.

Posted by LPGA on Sunday, June 23, 2019

 

A few years ago I wrote: Take a Clue from Padraig Harrington: Pick Yourself Up and Try Again. I included a link to an Irish Times article that was one of the best sports articles I ever read: Vinny reflects on the wonders of Paddy’s ying and Yang. It was written by the Irish Times’ gambling writer and told as a story of gamblers who bet on Harrington to win the PGA only to be disappointed when he made a snowman on a par 3 hole. If you enjoy sports,  I encourage you to read it.

Nancy and I were in Ireland that day. We sat at a pub and watched Padraig. Everyone in the pub was glued to the television sets because their national hero was in the lead of a major PGA tournament. At the time, Harrington was the face of golf in Ireland. That added pressure. Hannah Green was the face of golf in Australia on Sunday and she rose to the occasion. I was thrilled that she won.

What do these golf stories have to do with you? As lawyers we face pressure. I remember the most pressure I ever faced was defending a man I believed was innocent in a bribery case. As Padraig and Hannah felt pressure being the face of Ireland and Australia, I felt the pressure of being the face of an innocent man. I willed myself to persuade the jury he was not guilty. Thankfully, they believed me.

The post Lawyers: Succeeding Under Pressure appeared first on Cordell Parvin Blog.

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Scams Continue to Target Texas Attorneys

Originally published by Staff Reports.

Update 6/24/2019: We received a report of another scam. An attorney was contacted by a scammer who requested to retain the attorney’s representation for a dog bite case. The scammer claimed they were bit by a dog, that the dog’s owner had agreed to pay a settlement for medical expenses, and that the dog owner had not yet paid. The attorney was also contacted by the person claiming to be the dog owner, who was part of the scam.  Read More

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Supreme Court Will Hear Comcast Discrimination Lawsuit

Originally published by Russell Chimeno.

The case of National Association Of African American-Owned Media; Entertainment Studios Networks, Inc. V. Comcast Corporation, Case No.: 2:15-cv-01239 involves Entertainment Studios Network, an African American owned media company. Entertainment Studios Network owns several networks it sought to get carried by Comcast and Charter cable system. Comcast and Charter decided not to carry these networks and Entertainment Studios Network sued both Comcast and Charter for racial discrimination.

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Property Rights and Oil/Gas Exploration in Texas

Originally published by Environmental and Energy Law Blog.

Oil and gas exploration in Texas are guided by two kinds of property rights: the surface estate and the mineral estate. Often, the surface and mineral estate are owned by a single person. However, this isn’t always the case, as property owners sometimes choose to sell one estate and keep the other. However, when transferring property rights, a property owner must explicitly transfer ownership of only one of the two estates. Without this explicit transfer of one estate, both estates will automatically transfer to the new owner of the property. Therefore, anyone seeking to sell a surface or mineral estate in Texas should first consult with an experienced Texas oil and gas attorney for guidance.

How property rights affect exploration

Under Texas law, the mineral estate is considered the dominant estate. This means that the owner of the mineral estate is permitted to use the surface estate to the extent necessary for oil and gas exploration. In addition, the right to exploration extends to an individual or company (“lessee”) that has obtained a mineral lease from the mineral estate’s owner (“lessor”). A lessee has the right to use a property’s surface to search for and produce oil and gas. Activities permitted under this law include:

• Seismic testing
• Entering and exiting well locations
• The construction and use of pipelines
• The use of water on the property for production and drilling operations

Restrictions

The general requirements regarding use of the surface by the mineral estate owner may be altered by the deed that severed the mineral estate from the surface estate or the language of the mineral lease. In addition, some places have ordinances that restrict oil and gas activities on property within their jurisdictions. Finally, a lessee’s rights can be affected by the accommodation doctrine. The accommodation doctrine applies in limited circumstances and requires lessees to modify their production or exploration efforts to accommodate existing surface uses.

Texas Oil and Gas Attorney

Oil and gas laws are always changing. Therefore, it’s imperative that those involved in the energy industry have reliable, experienced, and knowledgeable legal representation to help guide them through the ever-changing energy landscape. In the areas of oil and gas, it’s particularly important to ensure that all contracts are properly drafted. Oil and gas contracts are sophisticated documents, and it’s important that they be drafted in a manner that ensures the rights and responsibilities of all parties involved. At the Law Office of C. William Smalling, P.C., we are highly experienced in the drafting and review of such contracts, including joint operating agreements, farm-out agreements, master service agreements, drilling contracts, licensing agreements for use of seismic or technical data, and nondisclosure agreements. If you are in need of expert oil and gas legal representation, contact us today for a consultation.

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Pepper Hamilton Must Pay Plaintiffs Fees, Expenses as Sanction for Violating Discovery Order in Baylor Case

Originally published by Texas Lawyer.

 

“The evidence of Pepper Hamilton’s conduct in violation of the court’s orders is so ‘clear, direct, weighty and convincing’ that the court reaches this conclusion with clear conviction and without hestitancy, U.S. District Judge Robert Pitman of Waco wrote.
      

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