Royalty Litigation

Marathon Oil EF, in the 218th Judicial District Court, Karnes County, Texas

Represented Marathon Oil in a royalty lawsuit brought by lessor in the Eagle Ford Shale. Plaintiff claimed that Marathon improperly took deductions for post-production costs. After plaintiff filed motion for summary judgment, drafted and filed cross-motion for summary judgment and response to plaintiff’s motion. Following these filings, plaintiff non-suited all claims in the case with prejudice, ending the dispute.

Type of Case: Royalty Litigation

Marathon Oil, in the 135th & 218th Judicial District Courts, DeWitt & Karnes County, Texas

Represented Marathon Oil in eleven lawsuits by royalty owners claiming that Marathon underpaid royalties by taking post-production cost deductions and improperly commingling production. After discovery, secured dismissal of lawsuits of all eleven lawsuits.

Type of Case: Royalty Litigation 

BHP Billiton Petroleum (KCS Resources), in the 269th Judicial District Court, Harris County, Texas

Represented BHP Billiton in a lawsuit against EXCO based on production from gas wells in the Haynesville Shale. EXCO suspended lease payments to BHP Billiton while a lawsuit over an alleged title defect was pending. Following resolution of the title suit, EXCO refused to pay the funds in suspense because of an unrelated dispute between EXCO and BHP. On BHP Billiton’s behalf, filed suit to recover more than $11 million. Case resolved following EXCO’s bankruptcy.

Type of Case: Royalty Litigation

ExxonMobil Oil, in the United States District Court for the District of Kansas & Stevens County Court, Kansas

Represented ExxonMobil in defense of two class-action royalty cases in Kansas. Plaintiffs complained of certain costs that ExxonMobil shared proportionately with royalty owners. Following class certification and appeal, hired to join existing trial team and handle briefing issues in trial courts and for related interlocutory appeals. Cases ultimately resolved in advance of trial.

 Type of Case: Royalty Litigation

BPX Properties, in the 135th Judicial District Court, DeWitt County, Texas

Represented BPX Properties in dispute related to royalty payments on lease in the Eagle Ford Shale. Plaintiff claimed that BPX took improper post-production deductions on royalty payments owed to plaintiff. Case settled before trial.

Type of Case: Royalty Litigation

Marathon Oil EF, in the 218th Judicial District Court, Karnes County, Texas

Representing Marathon and two other companies in defending against claims of breach of contract based on alleged underpayment of royalties arising from oil and gas wells in the Eagle Ford Shale. Case is ongoing.

Type of Case: Royalty Litigation

Escondido Resources II, in the 111th Judicial District Court, Webb County, Texas

Representing Escondido in a lawsuit related to an Eagle Ford Shale lease in Webb County, Texas. Filed suit to confirm interpretation of overriding royalty interest assignment and defending claims related to post-production deductions and pooling of units. Case is ongoing.

Type of Case: Royalty Litigation, Pooling Disputes