Texas Supreme Court Rejects Fraudulent Concealment Defense Where Publicly Available Information Could Have Revealed Royalty Underpayments

The Texas Supreme Court held that fraudulent concealment did not toll limitations on royalty underpayment claims where the El Paso Permian Basin Index and other publicly available information would have revealed Shell's use of an arbitrary pricing method rather than third-party sales prices required under the lease. The Court reversed a $72,532.09 jury verdict, holding that royalty owners cannot avoid diligent investigation merely because there might be legitimate explanations for suspicious payments.