Articles by Tom G. Ciarlone, Jr.
Sixth Circuit Fans the Flames of Class Certification Against Operators
Class certification in the oil patch frequently revolves around whether the putative class can satisfy Rule 23’s commonality and predominance requirements. The recent trend has...
Energy Law Round Up – 8.19.2019
In this episode, Tom discusses recent guidance out of the Texas Supreme Court on interpreting oil-and-gas contracts; cross-jurisdictional differences surrounding the rule of capture and...
Recent Appellate Decisions on the Obligations of Mineral Executives and the Waiver of Anti-Pooling Provisions
In April, the Texas Supreme Court issued a decision—Texas Outfitters v. Nicholson—that addresses the vexing situation in which the owner of the executive rights also...
Energy Law Round Up – 6.17.2019
Learn about troubling developments at the intersection of class actions and consumer protection laws in royalty underpayment cases; get the details on the Texas Supreme...
Fifth Circuit Sets Dangerous Precedent for Oil-and-Gas Class Actions
In Seeligson v. Devon Energy Production Co. LP, the Fifth Circuit reversed a Texas federal court’s decision to certify a class of mineral lessors who...
Energy Law Round Up – 1.1.2019
In the first episode of the New Year, Tom discusses several appellate decisions from Texas that touch on class actions and farmout agreements....
Energy Law Round Up – 12.17.2018
This week, Tom gets you up to speed on offset wells and liquidated damages as unenforceable penalties; the arrival of anti-SLAPP in the oil patch; and...