In the Texas Rice Land Partners v. Denbury Green Pipeline-Texas, the Texas Supreme Court ruled that pipeline companies cannot use the power of eminent domain and call themselves a public carrier by checking a box and calling themselves a public
Landmark Texas Supreme Court Case Regarding Groundwater Rights
On February 24, 2012, the Texas Supreme Court issued a landmark ruling regarding groundwater rights. In Edwards Aquifer Authority v. Day, the Texas Supreme Court unanimously ruled that, under both the common law and the recently enacted Senate Bill 332,
New Dallas Court of Appeals Opinion: Beesley V. Hydrocarbon Separation, Inc. and McPeak
The Dallas Court of Appeals ruled today in Beesley V. Hydrocarbon Separation, Inc. and McPeak that: (1) suits must be brought against a corporation within 3 years of its dissolution; (2) McPeak is not relieved of a contract he signed
Temporary Cessation of Production
In Natural Gas Pipeline Company of America v. Pool, 124 S.W.3d 188 (Tex.2003), lessors under three oil and gas leases contended that the leases terminated because intermittently over the years there were periods of time ranging from 30 to 153
Texas Rules of Contract Construction and Interpretation
Contract Construction: Harmonize, and only if this is not possible, is there more than one reasonable interpretation of a contract such that a fact issue is created concerning the parties’ intent. Before extrinsic evidence (any oral or written evidence outside
Ambiguity as an Affirmative Defense
Ambiguity is an affirmative defense and must be specifically plead. See Gulf & Basco Co. v. Buchanan, 707 S.W.2d 655, 656 (Tex. App. – Houston [1st Dist.] 1986, writ refd, n.r.e.); see also, World Help v. Leisure Lifestyles, Inc., 977
Reasonableness of Attorney’s Fees
Reasonableness of attorney’s fees is a question of fact and must be supported by competent evidence. The factors to be considered in determining the reasonableness of attorney’s fees include: (1) the time and labor involved; (2) the nature and complexities
Fraud
Fraud is an affirmative defense under rule 94 of the Texas Rules of Civil Procedure. Tex. R. Civ. P. 94. Unless established as a matter of law, the burden is on the party asserting fraud not only to plead the
No Evidence Motion for Summary Judgment
Under Rule 166(a)(i), Texas Rules of Civil Procedure, after adequate time for discovery a no-evidence summary judgment motion may be urged on the ground that there is no evidence of one or more essential elements of a claim or defense
Unilateral Mistake
To establish the existence of a unilateral mistake, a party must show (1) the mistake was of so great consequence that to enforce the contract as made would be unconscionable; (2) the mistake relates to a material feature of the