The Texas Pandemic Liability Protection Act (PLPA) took effect on June 14, 2021 and provides retroactive protections to businesses against lawsuits alleging damages due to an exposure to COVID-19. The general provisions of the Act are now codified at Section 148.003 of the Texas Civil Practice and Remedies Code.
It is important to note that
A significant amendment to the Texas statute that allows for recovery of attorneys’ fees by a prevailing plaintiff in an action for breach of contract will take effect on September 1, 2021. Previously, Texas courts have interpreted Texas Civil Practice and Remedies Code section 38.001 to award attorney fees against only individuals and corporations, not
Unlike many states on the Pacific and Atlantic costs, Texas’ probate process is quicker and comparatively cost efficient. In fact, Texas offers a several abbreviated probate process (e.g. independent administration, muniment of title, small estate affidavits) that require only limited filings and usually a single brief hearing in order to transfer the property to the
The “accommodation doctrine” is a judicially created doctrine that governs the manner in which a mineral owner and surface owner may use the surface of a tract of land for their respective purposes. The mineral estate is considered the “dominant” estate, and is permitted to use so much of the surface as is reasonably necessary
One of the most common and difficult questions asked of oil and gas attorneys concerns maintenance of oil and gas leases that are beyond their primary terms. Most modern-day lease forms contain a continuous development clause, which requires the lessee to drill multiple wells within specified time periods in order to maintain the entire leased
On December 27th, the President signed into law a second pandemic relief package as part of a larger government funding bill passed by Congress entitled The Consolidated Appropriations Act, 2021 (“CAA”). In March of this year, President Trump signed the first pandemic-related stimulus bill: H.R. 748, the Coronavirus Aid, Relief and Economic Security Act (Public
Precise drafting is critical to a successful transaction, even involving a seemingly simple assignment of an overriding royalty interest. In Piranha Partners v. Neuhoff, 596 S.W.3d 740 (Tex. 2020), the Texas Supreme Court was called upon to determine the scope of an assignment of overriding royalty interest. The issue was whether the overriding royalty
In the aftermath of hurricanes Laura and Delta, Southwest Louisiana is faced with a widespread reconstruction project the size of which it has not seen in quite a while. While never afraid to roll up the sleeves and get to work, this time the demand for contractors exceeds the local supply. Welcoming help from each
Title to minerals and royalties in Texas has long been riddled with problems arising from subject-to, reservations-from, and exceptions-to provisions. Over the years these problems have naturally found their way into the Texas courts, highlighting the critical importance of drafting language to avoid ambiguity and clarify intent. Emphasis is placed on intent, as unambiguous
On April 27, 2020, Governor Abbott issued Executive Order GA-18, implementing Phase I to reopen Texas, beginning May 1, 2020. In addition to confirming that “essential services” shall continue to operate as they have, GA-18 provides guidance on services that may reopen as of 12:01 a.m. on Friday.
“Reopened services” include: