Texas Supreme Court Opinion is a Manual for Handling Discovery Disputes

By issuing In Re: State Farm, the Texas Supreme Court gave lawyers a manual for handling discovery disputes in Texas courts.  The opinion lists seven factors for balancing the requesting party’s need for discovery with the responding party’s claim of burden and cost.  The factors are: Likely benefit of requested discovery; Needs of the case; […]

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Texas Supreme Court Takes Flexible Approach to Subsurface Rights

The Texas Supreme Court, in Lightning Oil v. Anadarko, determined that Anadarko’s drilling would not be a trespass, even though the drilling would penetrate Lightning Oil’s mineral leasehold. A surface owner allowed Anadarko, an energy company, to install a horizontal well.  Anadarko did not own the minerals below this surface tract; the well was to […]

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