Helping Trial Lawyers Navigate the Appellate System

Texas Supreme Court Orders & Opinions 11/21/08

The Texas Supreme Court issued two new opinions with this week’s regular orders.  They are:

  • Wagner & Brown, Ltd.  v. Sheppard (No. 06-0845), holding that, under the applicable pooling clauses, expiration of a lease in a pool of oil-and-gas-producing properties did not destroy the mineral interest owner’s participation in the pooled unit.  The Court remanded for a reassessment of the operator’s damages and a determination whether the operator was entitled to equitable reimbursement for drilling or other pre-termination costs.
  • Sonat Exploration Co. v. Cudd Pressure Control, Inc. (No. 06-0979), agreeing for different reasons with the court of appeals’ conclusion that Louisiana law applied and that the case should be remanded to the trial court for further proceedings.
D. Todd Smith
About the Author

D. Todd Smith is an Austin-based civil appellate specialist who works with trial teams from the earliest stages of litigation. In trial courts, he takes the lead on strategic analysis and briefing, jury charges, and potentially dispositive motions, all with a focus on preserving error and positioning cases for appellate review.

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