Choice-of-Law Analysis Voids Oilfield Indemnity Clause: Texas Federal Court Applies New Mexico's Absolute Anti-Indemnity Rule Despite Texas Choice-of-Law Provision

ConocoPhillips sought to enforce a Master Service Agreement indemnity clause requiring Totem Well Service to defend and indemnify against claims arising from a Totem employee's personal injury in Carlsbad, New Mexico, but the Southern District of Texas granted summary judgment for Totem after finding a conflict between Texas and New Mexico oilfield anti-indemnity laws. The court's decision turned on three key questions: whether the MSA's § 21.3 validly disclaimed the Texas Oilfield Anti-Indemnity Statute, which state's law governed the indemnity obligation's scope, and whether the parties' choice-of-law provision was enforceable.