Postproduction Cost Disputes
Tarrant Regional Water District v. Bedrock Production, LLC et al., in the 141st Judicial District Court, Tarrant County, Texas
Represented Bedrock Production in a royalty lawsuit brought by lessor in the Barnett Shale. Lessor alleged underpayment of royalties following an audit and sought over $33 million in damages. Lessor’s claims hinged on an aggressive interpretation of a royalty provision dictating that the lessee had to calculate royalties based on the average of the three highest prices paid for production in an entire Texas Railroad Commission District. Our team exposed issues with Plaintiff’s damages model during expert depositions. Following these depositions, the parties reached a confidential settlement, and Plaintiff dismissed all claims with prejudice.
Type of Case: Accounting & Audit Disputes, Postproduction Cost Disputes, Royalty Litigation
IKAV Energy and SIMCOE, District of Colorado Federal Court
Represented IKAV Energy and SIMCOE in a putative class action filed in La Plata County, Colorado. Removed dispute to federal court under the Class Action Fairness Act. Once in federal court, successfully bifurcated dispute to limit discovery. Following extensive briefing, secured dismissal of all claims brought by putative class action against IKAV Energy and SIMCOE.
Type of Case: Royalty Litigation, Postproduction Cost Disputes, Class Action Defense
Cheapside Minerals, Ltd. v. Devon Energy Production Company, L.P. & GeoSouthern Energy Corporation, Southern District of Texas, Victoria Division
Represented Devon Energy Production Company, L.P. and GeoSouthern Energy Corporation related to a royalties lawsuit in which plaintiffs purport to seek over $100 million in unpaid royalties. After the case was successfully removed to federal court under the Class Action Fairness Act over the opposition of plaintiffs, the parties entered a confidential settlement.
Type of Case: Royalty Litigation, Add-Back Disputes, Postproduction Cost Disputes