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Oil & Gas › Statute of Limitations › Royalties

McGinnis Lochridge

Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

McGinnis Lochridge on

Under Van Dyke, deeds with double-fraction royalty reservations referencing “1/8” are presumed to reserve a floating royalty interest unless clearly contradicted. Defenses like waiver, ratification, and limitations cannot...more

Oliva Gibbs

The Suspense is Killing Me! – When Formal Notice May be Required Under North Dakota’s Suspense Statute

Oliva Gibbs on

In Powell v. Statoil Oil & Gas LP, the North Dakota Supreme Court found that failure to properly notify a suspended royalty owner of an alleged title defect may allow for statutory interest under North Dakota’s “Suspense...more

Morrison & Foerster LLP

MoFo New York Tax Insights - Volume 7, Issue 8

Morrison & Foerster LLP on

ALJ holds that a Retailer Must File on a Combined Basis with a Related Intellectual Property Licensing Company - A New York State Administrative Law Judge has held that a retailer must file combined corporate franchise...more

Bennett Jones LLP

Damages for Royalty Error Limited to Two Years: Ignorance of Mistake May Not Stop Limitations Clock

Bennett Jones LLP on

A royalty holder must make reasonable inquires to confirm that a royalty has been properly paid and will be limited to a two-year recovery if not, the Alberta Court of Appeal has ruled in Canadian Natural Resources Limited v...more

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