Lease Ownership Litigation
BHP Billiton Petroleum Properties, in the 143rd Judicial District Court, Loving County, Texas
Represented BHP in a lawsuit against Double Eagle related to ownership of mineral rights in the Permian Basin. The dispute concerned BHP’s rights to drill and produce from valuable depths on one of its leases that had been pooled with an adjacent lease. Filed, argued, and won motion for summary judgment granting all of BHP Billiton’s claims and confirming ownership of the mineral rights in dispute.
Type of Case: Lease Ownership Litigation, Pooling Disputes
BHP Billiton Petroleum Properties, in the 81st Judicial District Court, Karnes County, Texas
Represented BHP Billiton in a lawsuit related to an ownership claim of valuable mineral interests located in the Eagle Ford Shale. Filed a counterclaim, seeking to remove plaintiff’s cloud on BHP Billiton’s title to the interests based on adverse possession of predecessors-in-interest. Briefed and argued motion for summary judgment on all of plaintiff’s claims and opposed plaintiff’s motion for partial summary judgment. Following the hearing on the competing summary judgments, the court denied plaintiff’s motion and granted BHP Billiton’s motion for summary judgment, disposing of all claims in the case.
Type of Case: Lease Ownership Litigation, Adverse Possession
BPX Properties, in the 143rd Judicial District Court, Loving County, Texas
Represented BPX in a lawsuit against three oil and gas companies disputing ownership of millions of dollars’ worth of rights in the Wolfcamp formation in the Delaware Basin. The dispute centered around the interpretation of a retained-acreage clause and continuous-drilling clause. After pre-suit negotiations failed, filed lawsuit and sought declaration of ownership from the court. Soon after, all three defendants released their claims to the acreage, ending the dispute.
Type of Case: Lease Ownership Litigation
Marathon Oil Permian, in the United States District Court for the District of New Mexico
Represented Marathon Oil in breach of contract case against defendant Ozark Royalty Co. based on an assignment between Ozark and Marathon’s predecessor-in-interest related to a valuable lease in the Permian Basin. Defeated Ozark’s motion to dismiss and secured final judgment against Ozark for breach of contract.
Type of Case: Lease Ownership Litigation
BHP Billiton Petroleum Properties, in the 143rd Judicial District Court, Loving County, Texas
Represented BHP Billiton in defending a trespass-to-try-title claim in Loving County, Texas. BHP Billiton took a lease on a valuable tract located in the Permian Basin. Endeavor sued BHP Billiton, claiming that it was the owner of the same mineral interest based on a 1977 lease and through adverse possession. BHP Billiton counterclaimed seeking to quiet title. After depositions of key Endeavor employees and filing of a summary judgment motion on all of Endeavor’s claims, the case settled.
Type of Case: Lease Ownership Litigation, Adverse Possession
Marathon Oil Permian, in the Fifth Judicial District, Lea County, New Mexico
Representing Marathon Oil Permian in lawsuit related to valuable leasehold rights in Delaware Basin portion of New Mexico. Case relates to the termination of a term assignment and related claim of adverse possession. Case is ongoing.
Type of Case: Lease Ownership Litigation, Adverse Possession
South Texas Shale, in the 234th Judicial District Court, Harris County, Texas
Represented several oil and gas companies in defending a case filed by Swift Energy alleging a breach of the parties’ joint operating agreement and related AMI agreement. Successfully obtained a transfer of the case to a favorable venue. Soon after, filed counterclaims seeking operatorship under the parties’ joint operating agreement and seeking a related temporary injunction. The dispute resolved in advance of the temporary injunction hearing.
Type of Case: Joint Operating Agreement Litigation, Area of Mutual Interest Litigation, Lease Ownership Litigation
BPX (Eagle Ford) Gathering, in the 24th Judicial District Court, DeWitt County, Texas
Represented BPX in dispute related to ownership of property in the Eagle Ford Shale. Plaintiff claimed to be owner of the property through adverse possession and that BPX and others had been paying royalties to incorrect parties. Following discovery, filed summary judgment on behalf of BPX. Plaintiff non-suited claims against BPX the day of the summary judgment hearing.
Type of Case: Lease Ownership Litigation, Adverse Possession
BPX Properties, in the 143rd Judicial District Court, Loving County, Texas
Represented BPX in dispute related to oil and gas lease in Loving County, Texas. Plaintiffs claimed that lease terminated due to failure of wells on property to produce during secondary term and seek damages for trespass. Defendants (including BPX) sought summary judgment on plaintiffs’ claims based on adverse possession of the lease. Case settled following argument on summary judgment motions.
Type of Case: Lease Ownership Litigation, Adverse Possession
Marathon Oil Permian, in the United States District Court for the District of New Mexico
Represented Marathon Oil in a case against Tap Rock Resources for breach of a farmout agreement, trespass, and quiet title. Filed suit to confirm Marathon’s ownership of valuable properties in the Permian Basin in New Mexico and to secure an injunction to stop the drilling of any wells by Tap Rock on the properties at issue. Case resolved on a confidential basis.
Type of Case: Lease Ownership Litigation, Farm Out Litigation
Confidential Client
Representing a Fortune 500 oil and gas company in evaluation and negotiation with other potential working interest owners in an 8,000 acre property located in the Delaware Basin. Evaluating claims and defenses related to assignments stemming from a farmout transaction. Case is ongoing.
Type of Case: Lease Ownership Litigation, Farm Out Litigation
BPX Properties, in the 143rd Judicial District Court, Reeves County, Texas
Represented BPX in a lawsuit against Rio Oil & Gas and a variety of other parties related to ownership of valuable mineral rights. BPX owned oil and gas leases in the Delaware Basin, and later Rio executed leases that conflicted with BPX’s original leases for certain valuable depths. Filed suit against Rio based on pooling agreement that confirmed ownership of the disputed depths. Following a hearing on BPX’s Motion for Summary Judgment, the case was settled.
Type of Case: Lease Ownership Litigation, Pooling Disputes
BPX Properties, in the 143rd Judicial District Court, Loving County, Texas
Represented BPX in a lawsuit filed against it by the General Land Office (the “GLO”) related to ownership of certain depths on a lease located in the Delaware Basin. Moved to dismiss and for summary judgment based on applicable pooling agreement. Following hearing on these motions, the GLO dismissed its case against BPX.
Type of Case: Lease Ownership Litigation, Pooling Disputes
Callon (Permian) LLC & Callon Petroleum Operating Company, in the 143rd Judicial District Court, Reeves County, Texas
Representing two Callon entities against overriding royalty interest (“ORRI”) owners related to those ORRIs. Callon owns oil and gas leases in the Delaware Basin. Plaintiffs allege that an error was made in the creation of their ORRIs by a predecessor of Callon and that their ORRIs can be “fixed” to “correct” the error without the consent of Callon. Case is ongoing.
Type of Case: Lease Ownership Litigation
BPX Properties, in the 343rd Judicial District Court, McMullen County, Texas
Representing BPX in suit brought by assignors of term assignment of valuable leases in the Eagle Ford Shale. BPX is the successor to the assignee of the term assignment. Plaintiffs allege that the term assignment has terminated in part under the agreement’s continuous drilling provision. Defeated Plaintiffs’ application for temporary restraining order seeking to prevent BPX from plugging well on one of the leases covered by the term assignment. Case is ongoing.
Type of Case: Lease Ownership Litigation