News & Analysis as of

Damages Texas Breach of Contract

McGinnis Lochridge

"Void" Means Void: How Missing Consent Toppled a $2.5 Million Pipeline Judgment

McGinnis Lochridge on

The Tyler Court of Appeals reversed a $2.5 million judgment against pipeline successors (Coffeyville Resources Crude Transportation, LLC v. ExxonMobil Pipeline Co., No. 12-23-00276-CV, 2025 WL 356222 [Tex. App.—Tyler Jan. 31,...more

McGinnis Lochridge

When "Imprudent" Becomes Irrelevant: How Express JOA Language Overrides Operator Discretion

McGinnis Lochridge on

In this case, Texas Crude Energy, LLC (Texas Crude) and Warwick-Athena, LLC (Warwick) (collectively, the non-operators) sued Burlington Resources Oil & Gas Co., LP (Burlington or the operator) after Burlington refused to...more

McGinnis Lochridge

Texas Business Court Weighs Jurisdiction over Out-of-State Property Interests

McGinnis Lochridge on

When can a Texas court rule on New Mexico property disputes? The answer hinges on whether the property interest is 'central' or just 'incidental' to the real fight....more

Zelle  LLP

Holding an Insured to its Duties and Burdens

Zelle LLP on

Once in a while, there is an insurance case that addresses numerous “common” issues and reaffirms the parties’ respective duties in supporting and adjusting claims, promptly making repairs, and mitigating loss. The recent...more

Gray Reed

Uri Force Majeure Cases Still Percolating

Gray Reed on

Thought you’d heard the last of force majuere cases arising from Winter Storm Uri? Think again. In Marathon Oil Company v. Koch Services LLC. the question was how to measure damages suffered by Koch for Marathon’s...more

Zelle  LLP

Any is Not All and The Future is Not Now: The Contours of the Cosmetic Damage Exclusion Taking Shape

Zelle LLP on

In Iyengar v. Liberty Insurance Corporation, No. SA-21-CV-1091-FB, 2024 WL 5505300 (W.D. Tex. Dec. 13, 2024), District Judge Biery denied Plaintiffs’ Motion for Clarification regarding Magistrate Judge Bemporad’s...more

Hendershot Cowart P.C.

Responding to Suspected Embezzlement, Misappropriation: A Texas Business Owner's Guide

As a Texas business owner, discovering that a partner, employee, or manager may be embezzling funds can be devastating. Left unaddressed, financial misappropriation can threaten your company's stability, compromise...more

Zelle  LLP

Southern District of Texas Holds Benefits-Lost Rule Inapplicable, Alleged Delay in ALE Payments Not an “Independent Injury”

Zelle LLP on

On October 17, 2024, Judge Andrew S. Hanen in the United States District Court for the Southern District of Texas, Houston Division properly held that: (1) the Benefits-Lost rule does not apply where the insured did not...more

King & Spalding

Texas Bankruptcy Court Significantly Reduces Damages Claims In Connection With Uptier Transaction

King & Spalding on

On August 21, 2024, the U.S. Bankruptcy Court for the Southern District of Texas held that, while the debtor breached an agreement arising from an uptier transaction, the creditor was limited to a breach of contract claim and...more

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