Blogs
The MCS-90 Endorsement
The MCS-90 endorsement is one means by which an interstate motor carrier can demonstrate compliance with minimum financial requirements established by federal statute and regulations. The application of this endorsement by the courts, however, has caused […]
Our Patchwork of Sick and Vacation Pay Rules Is Counter-Productive to American Employment
While we Americans act in many ways as a single entity—THE United States of America—we are, in a lot of other ways, still a loose affiliation of single states, with separate governments and laws. That was probably just fine in the 1700 […]
PODCAST: Interpreting Oil-and-Gas Contracts, The Rule of Capture and Mineral Trespass, and Class Action Developments for Operators
In the latest episode of our energy law podcast, we discuss recent guidance from the Texas Supreme Court on interpreting oil-and-gas contracts; cross-jurisdictional differences surrounding the rule of capture and subsurface mineral trespass; and troubling […]
Sixth Circuit Fans the Flames of Class Certification Against Operators
I have written previously about class certification in the oil patch. Frequently the emphasis is around whether the putative class can satisfy Rule 23's commonality and predominance requirements. The recent trend has been toward troubling developments […]
Rule-of-Capture Showdown: Pennsylvania v. Texas
Last year, I wrote about Pennsylvania's departure from Texas on the law surrounding trespass by hydraulic fracturing. As first stated in Coastal Oil & Gas Corp. v. Garza Energy Trust, 268 S.W.3d 1 (Tex. 2008), trespass claims for drainage by […]
SCOTX Issues Another Key Decision for Interpreting Oil-and-Gas Contracts
The Texas Supreme Court, beginning in 2017, began issuing a number of decisions altering the analysis for the interpretation of oil-and-gas agreements, principally mineral leases and conveyances. I wrote about many of these opinions as they were released […]
Podcast: Royalty Underpayment Class Actions; Duties of the Mineral Executive; and Anti-Pooling Clauses
In the latest episode of our energy law podcast, we discuss troubling developments at the intersection of class actions and consumer protection laws in royalty underpayment cases; the Texas Supreme Court's latest pronouncements on the duties of executive […]
Failure to Launch: Eminent Domain Breaks Down in the Texas Legislature
Eminent domain proceedings in Texas are a complex process governed by multiple constitutions, laws, and regulations.[1] Through this process the Texas government, its agencies, and authorized private entities acquire land to advance initiatives relating […]
PRESENTATION: Keeping Your Truck on the Road: Examining Challenges Arising in Chapter 11 Trucking Cases
Michael Ridulfo is presenting on June 5, 2019 at the Turnaround Management Association Houston Chapter Breakfast Meeting, on the topic of “Keeping Your Truck on the Road: Examining Challenges Arising in Chapter 11 Trucking Cases”. Register […]
Energy-Related Bankruptcies on the Rise: Protecting Oil & Gas Royalty Interests
With the recent uptick in energy-related bankruptcies expected to continue for the foreseeable future (in one prominent example, industry giant Weatherford has just filed for Chapter 11 protection), oil and gas royalty owners need to be on alert. Because […]
Regulation of Workplace Violence Under OSHA's "General Duty" Clause
Workplace violence, defined by the Occupational Safety and Health Administration ("OSHA") as "any act or threat of physical violence, harassment, intimidation or other threatening behavior that occurs at the worksite" has become front […]