Mewbourne Oil Company, Custer County District Court, Oklahoma, and the Oklahoma Court of Civil Appeals

Represented Mewbourne in disputes under multiple joint operating agreements (JOAs). Plaintiff alleged that Mewbourne had breached the JOAs based on alleged failures to provide documents in response to JOA audits. Filed and argued a motion for summary judgment related to COPAS accounting guidelines. Following oral argument, the district court granted Mewbourne’s summary judgment. Also represented Mewbourne in two follow-on appeals related to the district court proceedings and the Oklahoma Court of Civil Appeals affirmed both decisions. The Oklahoma Supreme Court subsequently denied plaintiff’s petition for certiorari.

Type of Case: JOA Disputes, Accounting & Audit Disputes, Appellate Litigation

Ovintiv USA, Western District of Texas Federal Court and Fifth Circuit Court of Appeals

Represented Ovintiv in a lawsuit brought by a plaintiff claiming that Ovintiv had underpaid their royalties based on Ovintiv’s recoupment of overpaid royalties. Filed a motion for summary judgment, which the district court granted in its entirety, dismissing all of plaintiff’s claims. Plaintiff appealed the decision to the Fifth Circuit Court of Appeals. Following oral argument, the Fifth Circuit affirmed the district court’s opinion.

Type of Case: Royalty Litigation, Royalty Recoupment Disputes, Appellate Litigation

Long Point Energy, Southern District of Ohio Federal Court and Sixth Circuit Court of Appeals

Represented Long Point Energy in a lawsuit it brought against two major oil and gas companies related to ownership of a valuable lease in the Utica Shale and production from that lease. Hired following an order from the district court dismissing Long Point Energy’s claims. Represented Long Point Energy on appeal to the Sixth Circuit Court of Appeals, which reversed the district court’s summary judgment grant and remanded the case. On remand, filed a motion for summary judgment and secured a summary judgment order affirming Long Point Energy’s title to the lease. Case remains ongoing related to Long Point Energy’s claims for damages.

Type of Case: Lease Ownership Disputes, Subsurface Trespass Disputes, Appellate Litigation

MBI Oil & Gas, LLC v. Grayson Mill Bakken, LLC et al.

Represented Grayson Mill Bakken, a subsidiary of Devon Energy, in an oil and gas lease termination dispute in the U.S. District Court for the District of North Dakota.  MBI Oil & Gas sued Grayson Mill, alleging that Grayson Mill’s lease on valuable acreage in the Bakken formation was invalid. The firm successfully represented Grayson Mill in the trial court and on appeal to the Eight Circuit Court of Appeals.

The firm secured summary judgment victories defeating MBI’s claim and prevailing on Grayson Mill’s counterclaim confirming the validity of Grayson Mill’s lease and quieting title to the acreage. MBI appealed, and following oral argument, the Eighth Circuit affirmed the summary judgments in Grayson Mill’s favor.  

Type of Case: Lease Ownership Disputes, Pooling Disputes, Appellate Litigation

Texas Oil & Gas Association (TXOGA), Supreme Court of Texas

Prepared amicus brief for TXOGA in support of respondent COG Operating in the high-profile Cactus Water Services v. COG Operating matter. TXOGA argued the Appellant’s position that surface owners, rather than operators, own produced water from oil and gas operations would upend the State of Texas’s regulatory regime and threaten the continued operations of nearly every oil and gas producer in the State. The Supreme Court affirmed the Court of Appeals’ judgement that oil and gas operators, not surface owners (or their assigns) have the right to possession, custody, control, and disposition of water in the liquid waste from oil and gas production.

Type of Case: Amicus Curiae Briefs, Appellate Litigation, Produced Water Disputes in Texas, Lease Ownership Disputes, Royalty Litigation