News & Analysis as of

Royalties Summary Judgment Appeals

Gray Reed

A Lesson on How Not to Recover an NPRI in Texas

Gray Reed on

It seems to be fairly well settled that you can’t use trespass-to-try-title to recover a nonpossessory royalty interest in Texas. What if you call the interest a “mineral interest stripped of every attribute except the right...more

McGinnis Lochridge

Can "Free of Cost" Term Achieve Point-of-Sale Royalty Base?

McGinnis Lochridge on

A lessee who halts production for less than 40 days and resumes without drilling or reworking does not terminate the lease. The continuous development clause keeps the lease active, and the cessation clause allows resumed...more

McDermott Will & Emery

Read the Fine Print: Covenant Not to Sue “At Any Time” Terminated Upon License Expiration

McDermott Will & Emery on

Illustrating the importance of carefully drafting and reviewing language in a covenant not to sue, the US Court of Appeals for the Federal Circuit found that the plain language of a covenant permitted a licensor to sue a...more

Holland & Hart LLP

Eighth Circuit Affirms Producer's Royalty Calculations Under North Dakota Law

Holland & Hart LLP on

The United States Court of Appeals for the Eighth Circuit has affirmed a district court’s ruling that overriding royalty owners generally must bear their share of post-production costs under North Dakota law. The Eighth...more

Clark Hill PLC

Fifth Circuit Expands Post-Trial Review of Summary Judgments

Clark Hill PLC on

In Feld Motor Sports, Inc. v. Traxxas , L.P., No. 16-40686 2017 U.S. App. LEXIS 11705 (5th Cir. June 30, 2017), the Fifth Circuit held for the first time that an appellate court can review a trial court’s legal conclusions in...more

5 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide