Yukon Trading Company, LLC v. Mewbourne Oil Company et al., District Court of Dewey County, Oklahoma

Representing Mewbourne in a top lease dispute in Dewey County, Oklahoma. After discovering that Mewbourne planned to drill valuable horizontal wells on certain property, Yukon Trading Company obtained top leases from several lessors of the property and claimed that Mewbourne’s leases terminated due to a cessation of production and that the top leases were in effect. After the parties moved for summary judgment, the Court ruled in favor of Mewbourne. Currently on appeal before the Oklahoma Court of Appeals.

Type of Case: Lease Ownership Disputes, Top Lease Disputes, PPQ & Cessation

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

Viper Energy Partners LLC v. Permian Delaware Enterprises Holdings, LLC – UPDATED 2.16.26

Represented a subsidiary of ConocoPhillips in a lease termination lawsuit filed in Loving County, Texas involving valuable acreage in the Delaware Basin. Plaintiff lessor alleged that some or all of the lease had terminated due to a lack of production in paying quantities. Filed a motion for summary judgment arguing that the lease did not require production in paying quantities. Settled case on confidential terms prior to summary judgment.

Type of Case: PPQ & Cessation, Lease Ownership Disputes

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

Moore Capital LTD., LP, Hatch Royalty LLC, Matthew Harlan McGowen and Susan Lindsey McGowen v Cimarex Energy Co., in the 143rd Judicial District Court, Reeves County, Texas

Represented several mineral owners in bringing title suit against Cimarex for failing to release acreage it was obligated to release at the end of continuous drilling program under the lease's retained acreage provision. Case settled on confidential terms following the mineral owners filing suit.

 Type of Case: Retained Acreage Clause Disputes in Texas, Lease Ownership Disputes 

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

H.L. Hawkins, Jr., Inc. v EOG Resources, Inc., in the 143rd Judicial District of Reeves County, Texas

Represented EOG Resources, Inc. in a Delaware Basin royalty dispute in Reeves County, Texas involving approximately $500,000 in alleged unpaid royalties. Plaintiff claimed EOG assumed royalty liabilities through a bankruptcy asset acquisition. EOG moved for summary judgment based on the bankruptcy court’s sale order and lack of successor liability. The case ultimately resolved by settlement.

Type of Case: Royality Litigation, Lease Ownership Disputes

Alicia Anne Pope & Danielle Marie Hawkins v ConocoPhillips Company in the 143rd Judicial Court, Loving County, Texas

Represented ConocoPhillips (COG Operating LLC) in a Loving County royalty dispute alleging breach of lease and statutory nonpayment of oil and gas proceeds tied to Permian Basin wells. Plaintiffs sought royalties, interest, and penalties under the Texas Natural Resources Code. The case was dismissed within four months of filing.

Type of Case: Royalty Litigation, Lease Ownership Disputes

BPX & Lewis Energy subsidiary Segundo Navarro Drilling

Hired by BPX and Segundo Navarro to defend a breach-of-lease claim. Plaintiff alleged that the defendants breached their lease with the plaintiff by improperly pooling plaintiff’s lease with other leases and by commingling production from plaintiff’s tract with production from other tracts. Plaintiff sought millions of dollars in damages based on the alleged breaches. Filed, argued, and won motion for summary judgment on most of plaintiff’s claims. Following appellate review at the court of appeals and Texas Supreme Court (which reversed the trial court’s order), case settled.

Type of Case: Appellate Litigation, Pooling Disputes in Texas, Commingling Disputes, Lease Ownership Disputes

TLLM Family Limited Partnership v. Ovintiv USA, Inc., United States District Court for the Northern District of Texas

Represented Ovintiv against landowners in royalty dispute. The landowners alleged that their respective leases did not permit Ovintiv to deduct postproduction costs from landowners’ royalties. Landowners also alleged that Ovintiv had underpaid royalties due to an incorrect ownership interest calculation. Ovintiv moved to dismiss the landowners’ claims because their leases did, in fact, allow for deduction of postproduction costs under well-established Texas law. Ovintiv also moved to dismiss Plaintiffs’ claims because their complaint failed to plead sufficient facts to allege Ovintiv miscalculated their ownership interests. The United States District Court for the Northern District of Texas granted Ovintiv’s motion to dismiss but allowed the landowners to replead their ownership interest calculation claim. Plaintiffs did replead, but ultimately voluntarily dismissed their claims.

Type of Case: Accounting & Audit Disputes, Add-Back Disputes, Royalty Litigation, Lease Ownership Disputes

BHP Billiton Petroleum Properties, in the 143rd Judicial District Court, Loving County, Texas

Represented BHP in a lawsuit against Double Eagle related to ownership of mineral rights in the Permian Basin. The dispute concerned BHP’s rights to drill and produce from valuable depths on one of its leases that had been pooled with an adjacent lease. Filed, argued, and won motion for summary judgment granting all of BHP Billiton’s claims and confirming ownership of the mineral rights in dispute.

Type of Case: Lease Ownership Disputes, Pooling Disputes

BHP Billiton Petroleum Properties, in the 81st Judicial District Court, Karnes County, Texas

Represented BHP Billiton in a lawsuit related to an ownership claim of valuable mineral interests located in the Eagle Ford Shale. Filed a counterclaim, seeking to remove plaintiff’s cloud on BHP Billiton’s title to the interests based on adverse possession of predecessors-in-interest. Briefed and argued motion for summary judgment on all of plaintiff’s claims and opposed plaintiff’s motion for partial summary judgment. Following the hearing on the competing summary judgments, the court denied plaintiff’s motion and granted BHP Billiton’s motion for summary judgment, disposing of all claims in the case.

Type of Case: Lease Ownership Disputes, Adverse Possession

BPX Properties, in the 143rd Judicial District Court, Loving County, Texas 

Represented BPX in a lawsuit against three oil and gas companies disputing ownership of millions of dollars’ worth of rights in the Wolfcamp formation in the Delaware Basin. The dispute centered around the interpretation of a retained-acreage clause and continuous-drilling clause. After pre-suit negotiations failed, filed lawsuit and sought declaration of ownership from the court. Soon after, all three defendants released their claims to the acreage, ending the dispute.

Type of Case: Lease Ownership Disputes

Marathon Oil Permian, in the United States District Court for the District of New Mexico

Represented Marathon Oil in breach of contract case against defendant Ozark Royalty Co. based on an assignment between Ozark and Marathon’s predecessor-in-interest related to a valuable lease in the Permian Basin. Defeated Ozark’s motion to dismiss and secured final judgment against Ozark for breach of contract.

Type of Case: Lease Ownership Disputes

BHP Billiton Petroleum Properties, in the 143rd Judicial District Court, Loving County, Texas

Represented BHP Billiton in defending a trespass-to-try-title claim in Loving County, Texas. BHP Billiton took a lease on a valuable tract located in the Permian Basin. Endeavor sued BHP Billiton, claiming that it was the owner of the same mineral interest based on a 1977 lease and through adverse possession. BHP Billiton counterclaimed seeking to quiet title. After depositions of key Endeavor employees and filing of a summary judgment motion on all of Endeavor’s claims, the case settled.

Type of Case: Lease Ownership Disputes, Adverse Possession

Marathon Oil Permian, in the Fifth Judicial District, Lea County, New Mexico

Representing Marathon Oil Permian in lawsuit related to valuable leasehold rights in Delaware Basin portion of New Mexico. Case relates to the termination of a term assignment and related claim of adverse possession. Case is ongoing.

Type of Case: Lease Ownership Disputes, Adverse Possession

South Texas Shale, in the 234th Judicial District Court, Harris County, Texas

Represented several oil and gas companies in defending a case filed by Swift Energy alleging a breach of the parties’ joint operating agreement and related AMI agreement. Successfully obtained a transfer of the case to a favorable venue. Soon after, filed counterclaims seeking operatorship under the parties’ joint operating agreement and seeking a related temporary injunction. The dispute resolved in advance of the temporary injunction hearing.

Type of Case: JOA Disputes, AMI Disputes, Lease Ownership Disputes

BPX (Eagle Ford) Gathering, in the 24th Judicial District Court, DeWitt County, Texas

Represented BPX in dispute related to ownership of property in the Eagle Ford Shale. Plaintiff claimed to be owner of the property through adverse possession and that BPX and others had been paying royalties to incorrect parties. Following discovery, filed summary judgment on behalf of BPX. Plaintiff non-suited claims against BPX the day of the summary judgment hearing.

Type of Case: Lease Ownership Disputes, Adverse Possession

BPX Properties, in the 143rd Judicial District Court, Loving County, Texas

Represented BPX in dispute related to oil and gas lease in Loving County, Texas. Plaintiffs claimed that lease terminated due to failure of wells on property to produce during secondary term and seek damages for trespass. Defendants (including BPX) sought summary judgment on plaintiffs’ claims based on adverse possession of the lease. Case settled following argument on summary judgment motions.

Type of Case: Lease Ownership Disputes, Adverse Possession

Marathon Oil Permian, in the United States District Court for the District of New Mexico

Represented Marathon Oil in a case against Tap Rock Resources for breach of a farmout agreement, trespass, and quiet title. Filed suit to confirm Marathon’s ownership of valuable properties in the Permian Basin in New Mexico and to secure an injunction to stop the drilling of any wells by Tap Rock on the properties at issue. Case resolved on a confidential basis. 

Type of Case: Lease Ownership Disputes, Farmout Disputes

Confidential Client

Representing a Fortune 500 oil and gas company in evaluation and negotiation with other potential working interest owners in an 8,000-acre property located in the Delaware Basin. Evaluating claims and defenses related to assignments stemming from a farmout transaction. Case is ongoing.

Type of Case: Lease Ownership Disputes, Farmout Disputes

BPX Properties, in the 143rd Judicial District Court, Reeves County, Texas

Represented BPX in a lawsuit against Rio Oil & Gas and a variety of other parties related to ownership of valuable mineral rights. BPX owned oil and gas leases in the Delaware Basin, and later Rio executed leases that conflicted with BPX’s original leases for certain valuable depths. Filed suit against Rio based on pooling agreement that confirmed ownership of the disputed depths. Following a hearing on BPX’s Motion for Summary Judgment, the case was settled.

Type of Case: Lease Ownership Disputes, Pooling Disputes

BPX Properties, in the 143rd Judicial District Court, Loving County, Texas

Represented BPX in a lawsuit filed against it by the General Land Office (the “GLO”) related to ownership of certain depths on a lease located in the Delaware Basin. Moved to dismiss and for summary judgment based on applicable pooling agreement. Following hearing on these motions, the GLO dismissed its case against BPX.

Type of Case: Lease Ownership Disputes, Pooling Disputes

BPX Properties, in the 343rd Judicial District Court, McMullen County, Texas

Representing BPX in suit brought by assignors of term assignment of valuable leases in the Eagle Ford Shale. BPX is the successor to the assignee of the term assignment. Plaintiffs allege that the term assignment has terminated in part under the agreement’s continuous drilling provision. Defeated Plaintiffs’ application for temporary restraining order seeking to prevent BPX from plugging well on one of the leases covered by the term assignment. Case is ongoing.

Type of Case: Lease Ownership Disputes