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Texas Supreme Court Rejects Fraudulent Concealment Defense Where Publicly Available Information Could Have Revealed Royalty Underpayments
Joel Reese | Jul 06, 2026
… two pooled units—the Houston Unit and the Lasater Unit—and paid royalties on both wells drilled on the leased land ("Lease Wells") and producing wells located on unleased land within the units ("Unit Wells"). Ralph Louis Ross, an attorney with oil and gas experience, administered the lease and later assigned rights to his son …
Texas Supreme Court Carves Out Unjust Enrichment Exception to Division Order Estoppel Rule
Joel Reese | Jul 06, 2026
… in Burleson County, Texas, reserving "an undivided one-half (½) non-participating royalty of all of the oil and gas in, to and under that produced from" the land for a fifteen-year term. After subsequent conveyances, Strata Energy, Inc. and Northstar Resources, Inc. each acquired working interests in an oil and gas lease covering …
Texas Business Court Clarifies Amount-in-Controversy Standard for Saltwater Disposal Royalty Disputes
Joel Reese | Jul 06, 2026
Background: Saltwater Disposal Infrastructure and Royalty Agreements Black Mountain SWD, LP operates saltwater pipelines serving the oil and gas industry. On January 11, 2019, Black Mountain and NGL Water Solutions Permian, LLC executed a royalty agreement ("RA") granting Black Mountain a $0.03-per-barrel royalty for saltwater transported through specified pipelines. Critically, the royalty …
Corpus Christi Court Reverses $15.8 Million Royalty Judgment in DeWitt County Lease Interpretation Dispute Over Valuation Point and Post-Production Costs
Joel Reese | Jul 20, 2026
Background and Business Context This appeal arises from a royalty underpayment dispute involving two substantively identical oil and gas leases covering over 3,700 acres and 110 oil wells in DeWitt County, Texas. Nine years after the leases were executed between the parties' predecessors-in-interest, lessors Robert Leon Oliver and related entities filed suit …
Texas Fourth Court Resolves Century-Old Deed Ambiguity: Fixed NPRI vs. Floating Mineral Interest in Webb County Ranch
Joel Reese | Jul 20, 2026
… after Needmore sued them for declaratory relief, breach of lease, and statutory underpayment . The Core Dispute: Fixed NPRI or Floating Mineral Interest The central question presented a classic Texas oil and gas title issue: whether the 1937 deed reserved a fixed 1/32 non-participating royalty interest (NPRI) entitling Esperanza to 1/32 of gross …
Tenth Circuit Preserves District Court Discretion to Exceed 30% Fee Guideline in Oklahoma Royalty Class Actions
Joel Reese | Jun 25, 2026
Background Chieftain Royalty Company brought a class action against EnerVest Energy Institutional Fund XIII-A, L.P., alleging systematic underpayment of royalties to Oklahoma mineral interest owners. The case resulted in a $52 million settlement fund, from which class counsel sought attorneys' fees. The district court awarded $17.3 million—precisely one-third of the …
Fifth Circuit Applies Equitable Recoupment to Bar Successor Royalty Owner's Claims for Overpayments Made to Predecessor
Joel Reese | Jul 06, 2026
… Property. Following the conveyances, the plaintiff entities became successor lessors entitled to royalty payments previously paid to the Richters, and Ovintiv prepared new division orders executed in April and May 2018 and signed by the Richters on behalf of the plaintiffs. The Overpayment and Recoupment Dispute Between September 2016 and January 2018, Ovintiv mistakenly adjusted …
Oklahoma Supreme Court Bars Post-Production Deductions on Affiliate Wellhead Sales Under Gross Proceeds Act
Joel Reese | Jul 06, 2026
Background Devon Energy Corporation faces potential liability of $890 million in royalty underpayment claims spanning 14,000 wells in Oklahoma's STACK play following a 6-3 Oklahoma Supreme Court decision. The Mineral Owners Rights Coalition challenged Devon's practice of deducting gathering and compression costs from royalty payments, arguing these deductions violated Oklahoma's 2015 Gross Proceeds …
District Court Partially Denies Dismissal in Marcellus Shale Royalty Dispute Alleging Affiliate Sales Manipulation and RICO Violations
Joel Reese | Jul 20, 2026
… with these insurance requirements. Third, SWN Production was required to pay Bluebeck royalties on gas produced, saved, or sold from wells on the premises. Bluebeck's complaint alleges underpayment of these royalties through various schemes involving affiliate transactions with sister company SES and improper cost deductions. The Court's Ruling The Court granted the Individual Defendants' Motion …