News & Posts

CASE LAW UPDATE - Dormant Mineral Act
Nicole Caldwell Nicole Caldwell

CASE LAW UPDATE - Dormant Mineral Act

The Ohio Supreme Court heard consolidated oral arguments last month in the cases of Fonzi v. Brown, Case No. 2020-0773, and Fonzi v. Miller, Case No. 2020-0861, both Declaratory Judgment and Quiet Title actions involving the application of the Ohio Dormant Mineral Act to a severed oil and gas royalty interest.

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UPDATED - Ohio Marketable Title Act – Supreme Court of Ohio and 7th Appellate District Case Law Recap
Nicole Caldwell Nicole Caldwell

UPDATED - Ohio Marketable Title Act – Supreme Court of Ohio and 7th Appellate District Case Law Recap

While West v. Bode, 2020-Ohio-5473, provided a definitive answer that the Marketable Title Act does in fact apply to severed mineral interests, it’s important to recall the several recent cases from the Ohio Supreme Court and Seventh Appellate District addressing the application of various sections of the Marketable Title Act with regard to severed mineral interests.

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Sharing of Post-Production Costs is the Default in PA
Matthew Golden Matthew Golden

Sharing of Post-Production Costs is the Default in PA

There continues to be a great deal of confusion in Pennsylvania surrounding what constitutes a post-production cost and who should properly bear those costs. This post discusses the precedent that led to how post-production costs are determined in Pennsylvania, as well as what can complicate that determination.

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Pennsylvania Oil & Gas Lease Cancellations – CASE TRACKER SERIES (Part 2)
Matthew Golden Matthew Golden

Pennsylvania Oil & Gas Lease Cancellations – CASE TRACKER SERIES (Part 2)

This is the second part of our three-part Case Tracer Series, covering this current case before the Pennsylvania Supreme Court, which could result in easier cancellation of abandoned oil and gas leases in the state, and could potentially harm smaller oil and gas producers presently struggling to stay solvent in the midst of the COVID-19 pandemic.

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Oil & Gas Lease Consent to Assign Provisions
Guest User Guest User

Oil & Gas Lease Consent to Assign Provisions

Are you a party to an oil and gas lease with an unenforceable consent to assign provision?

A discussion of recent Texas case law that may dictate how consent to assign provisions are drafted in the oil and gas industry for the foreseeable future.

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Nonjudicial Foreclosures Under Joint Operating Agreements
Guest User Guest User

Nonjudicial Foreclosures Under Joint Operating Agreements

How can you guard against nonpaying parties in your Joint Operating Agreement?

A discussion of the general process for nonjudicial foreclosure of the interests of parties in Joint Operating Agreements who fail to pay their share of production costs.

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Email Contract Formation
Guest User Guest User

Email Contract Formation

Are emails enforceable contracts?

A timely discussion of transacting business via email in light of recent case law handed down by the Supreme Court of Texas.

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Ohio Deed Restrictions – CASE LAW UPDATE
Nicole Caldwell Nicole Caldwell

Ohio Deed Restrictions – CASE LAW UPDATE

Could your deed void your oil and gas lease?

Ohio’s Seventh District Court of Appeals’ recent Opinion in Ohio Pub. Works Comm. v. Village of Barnesville, highlights the repercussions for those who violate their deed restrictions.

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Oil & Gas Lease Consideration
Guest User Guest User

Oil & Gas Lease Consideration

Can an Oil & Gas Lease be void for lack of consideration in Texas?

If a landowning lessor never receives their bonus payment for their lease, may they seek a new lease with a different lessee who will pay up?

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