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The Power of Specificity: The Crucial Role of Detail in Pleadings

July 2023  Ohio is a notice pleading state, meaning that the claims being advanced must be pled with sufficient operative facts to allow ...
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Usus, Fructus, and Abusus – Whose Right is it Anyway? Examining the Powers of Usufructuaries in Louisiana

July 2023 Over the years, Louisiana courts have been called on to examine the balance of rights between landowners and usufructuaries. From ...
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OLIVA GIBBS EXPANDS NATIONWIDE LITIGATION CAPABILITES: WELCOMES PARTNER MOLLY PELA IN HOUSTON

June 2023 - Oliva Gibbs is pleased to announce that Molly Pela has joined the firm as a litigation partner in Houston. The firm ...
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When Non-Operating Working Interest Rights Are Subject to Adverse Possession

June 2023 The Seventh District Court of Appeals looks at whether non-operating working interests can be adversely possessed in PBEX II, LLC ...
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The Ohio Department of Natural Resources Updates Guidelines for Unitization

June 2023  The Ohio Department of Natural Resources Division of Oil and Gas Resources has recently updated and streamlined its procedural guidelines for ...
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Ohio House Bill 507 Becomes Ohio Law: Its Impact on Oil and Gas Leasing on State Lands

May 2023 Ohio Governor Mike DeWine's recent signing of House Bill 507 (“HB 507”) has sparked conversations about the future of energy ...
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Proposed Changes to Louisiana’s “Risk Fee Statute,” La. R.S. 30:10 (2022)

April 2023 – The Louisiana Legislature is again proposing a change to Louisiana’s “Risk Fee Statute,” La. R.S. 30:10 (2022). Should HB 590 become law, ...
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Does the Fifth Amendment Apply to Lessee Property Interests?

May 2023 – In State ex rel. Awms Water Sols., LLC v. Mertz, AWMS Water Solutions, LLC (“AWMS”) and the Ohio Department of Natural Resources, ...
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Honing the Habendum: What Happens When Lease Provisions Deviate from Standard?

May 2023 – In Thistle Creek Ranch, LLC v. Ironroc Partners, LLC,[1] Thistle Creek, LLC (the “Lessor”) argued that the trial court erred ...
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A Salty Chapter in the Ongoing Saga of Post-Production Costs (and a Bonus Discussion of Subsurface Cavern Ownership)

April 2023 – The Myers-Woodward, LLC v. Underground Servs. Markham, LLC case, which came out last year, is currently pending before the Supreme Court and ...
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Consent Agreement Reached in Federal Ohio Case: USA v. Utica Resources Operating, LLC

April 2023 – Ohio has recently received its fair share of media attention for high-profile contamination cases. The USA v. Utica Resources Operating, LLC case ...
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Privity of Contract: Why Anti-Washout Provisions Fail

April 2023 Oil and gas leases were signed in 2010, but subsequently expired by their terms. Between the date of execution and ...
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Pooling in Bad Faith: Look to the Lease Terms for Clarity

April 2023 – The Ischy v. Northwood Energy Corp case illustrates the significance of broadly drafted pooling provisions that offer wide discretion to the Lessee.
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Flatland Falls Flat When Attempting to Shift an NPRI Burden

March 2023 – In Brooke-Willbanks v. Flatland Min. Fund, LP, the Eastland Court of Appeals reviewed whether a nonparticipating royalty interest (“NPRI”) will burden a ...
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Diminishing NPRIs Via Lease Ratifications? Not Likely but Not Impossible

December 2023– Hahn v. Conoco Phillips Co. highlights the legal issues surrounding nonparticipating royalty interests (NPRIs) in Texas, the difference between fixed and floating NPRIs, ...
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A “Plus-Sized” Win for Royalty Owners in Devon v. Sheppard

March 2023  In Devon v. Sheppard, the Texas Supreme Court delivered a significant ruling which clarified the rights of royalty owners in "proceeds-plus" ...
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