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Following a bench trial that took place on April 24, 2024, the 250th Judicial District Court of Travis County, Texas entered a Final Judgment in favor of BP America Production Company (BP). The lawsuit was one of several disputes between BP and Border to Border Exploration LLC, BBX Operating LLC (the Defendants), and other related entities. In this matter, the Defendants and a related entity entered into a Development Agreement with BP to perform seismic testing on approximately 6,500 acres owned by BP in Jasper County, Texas in exchange for a drilling credit of $200 per acre. The credits were never used because no wells were drilled by the Defendants. However, the Defendants refused to repay the unused credits, as was required by the agreement, and attempted to limit any payment obligation to a related entity that had declared bankruptcy and therefore could not be a party to this lawsuit. The Honorable Judge Amy Clark Meachum entered judgment in favor of BP on May 2, 2024 and awarded actual damages of $1,302,622 against the Defendants, jointly and severally, as well as pre-judgment interest bringing the total award to approximately $2 million.
The Honorable Judge Amy Clark Meachum entered judgment in favor of BP on May 2, 2024 and awarded actual damages of $1,302,622 against the Defendants, jointly and severally, as well as pre-judgment interest bringing the total award to approximately $2 million.
BPX, Zurich American, and others sued Cameron International Corporation in Oklahoma state court for more than $65 million in connection with work that Cameron performed on an oil and gas well in DeWitt County, Texas. Cameron removed the case to federal court, even though Cameron and BPX were both citizens of Texas, claiming that BPX had been fraudulently joined as a plaintiff in an improper attempt to destroy diversity jurisdiction. BPX and Zurich American filed a Motion to Remand arguing, among other things, that the doctrine of fraudulent joinder did not apply to plaintiffs like BPX and Zurich American. The Honorable Charles B. Goodwin of the United States District Court for the Western District of Oklahoma agreed with BPX and Zurich American, noting the “pragmatic reasons to limit application of the fraudulent joinder doctrine to defendants and the absence of Tenth Circuit authority concluding that extension of the doctrine to plaintiffs is appropriate.” Therefore, Judge Goodwin concluded that federal jurisdiction did not exist and remanded the lawsuit back to Oklahoma state court.
Congratulations to BPX Operating Company and Zurich American Insurance Company for their successful Motion to Remand. BPX and Zurich American are represented by John Sullivan, Rob Robertson, and Brian Tully.
GableGotwals is pleased to announce that 74 lawyers have been recognized in the 2024 Edition of The Best Lawyers in America, four of which were newly included, and seven newly named on the "Ones to Watch" list. In addition, eight GableGotwals attorneys were named 2024 "Lawyer of the Year."
This expansion marks an important milestone for the Firm due to its long-standing history of representing and advising clients based in Texas or conducting business in Texas, particularly within the energy industry.
Due to the large volume of disputes, more and more states are establishing separate business courts.