Texas Supreme Court May Clarify Scope of PUC Jurisdiction in Contract Disputes

On December 8, 2017, the Texas Supreme Court agreed to hear the appeal of Oncor Electric Delivery Company (“Oncor”) in a case that resulted in a judgment against Oncor of approximately $500,000 in damages, interest, and attorneys’ fees.  In its appeal, Oncor asserts that the court entering that judgment had no jurisdiction and that only […]

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Texas Statute Could Not Help Engineering Company, Because No Licensed Engineer Provided Services

In order to protect professionals from frivolous lawsuits, a Texas statute provides that lawsuits arising out of the provision of professional services (such as engineering or architecture) must include a certificate of merit.  That certificate must include a sworn statement by a qualified expert as to the negligence or other error committed; failure to file […]

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In one paragraph, the Texas Supreme Court reiterated that landowners must allow easement holders to conduct their operations, consistent with the easement that they hold. Landowner Must Allow Access for Regulatory Compliance On July 26, 2017, the Court issued an Order directing a trial court to issue any necessary temporary orders to allow Denbury Green […]

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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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