Texas Supreme Court Orders & Opinions 11/21/08

The Texas Supreme Court issued two new opinions with this week's regular orders.  They are:

  • Wagner & Brown, Ltd.  v. Sheppard (No. 06-0845), holding that, under the applicable pooling clauses, expiration of a lease in a pool of oil-and-gas-producing properties did not destroy the mineral interest owner's participation in the pooled unit.  The Court remanded for a reassessment of the operator's damages and a determination whether the operator was entitled to equitable reimbursement for drilling or other pre-termination costs.
     
  • Sonat Exploration Co. v. Cudd Pressure Control, Inc. (No. 06-0979), agreeing for different reasons with the court of appeals' conclusion that Louisiana law applied and that the case should be remanded to the trial court for further proceedings.
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