74 results for 'cat:"Energy" AND cat:"Contract"'.
J. Morrison partially declines to dismiss a class action alleging that an energy service company charged one of its customers an unreasonably high variable rate for its monthly energy costs following the end of its 24-month introductory period. While the customer fails to allege the company violated the express terms of the agreement for purposes of a breach of contract claim, it successfully alleges the company violated the implied terms of the agreement by charging a variable rate that was approximately double the fixed-price rate. It also successfully claims that it was not given sufficient notice as to the rate change.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: July 21, 2023, Case #: 1:22cv4844, NOS: Other Contract - Contract, Categories: energy, Class Action, contract
J. Soto withdraws this court’s previous opinion issued on Jan. 23, 2023, and substitutes it for one finding a lower court erred in granting summary judgment in a mineral rights dispute concerning the wording of a decades-old deed. A careful reading of that deed shows it established “a mineral estate shorn of all attributes but for the right to receive a royalty interest if and when there was production on the land.” Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: July 10, 2023, Case #: 08-21-00217-CV, Categories: energy, Real Estate, contract
J. Marbley denies, in part, the motions for summary judgment filed by the landowners and the oil and gas drilling companies, ruling none of the parties can prevail on the declaratory judgment claim filed by the landowners. There is a question of fact as to whether the definition of "Utica Shale" in the parties' drilling contract includes the Point Pleasant formations extracted by the drilling companies. Additionally, the landowners cannot prevail on their trespassing claim because of the ambiguity in the contract.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: June 28, 2023, Case #: 2:19cv2221, NOS: Other Contract - Contract, Categories: energy, Property, contract
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J. Block denies Exxon’s partial motion for summary judgment on its breach of contract claims brought against a petroleum refiner alleging it refused to accept for storage one of its oil-based products, Altum 4, at a storage facility located in New Jersey under a terminaling subagreement. The court finds the evidentiary record has failed to established whether or not the refiner’s facility could accommodate that particular type of oil or that its refusal to do so was a veiled attempt to negotiate a better deal in light of recent financial hardships. Additionally, the court rules in favor of the refiner on Exxon’s good faith and fair dealing and negligence claims, finding them duplicative of its breach of contract claims.
Court: USDC Eastern District of New York, Judge: Block, Filed On: June 26, 2023, Case #: 1:21cv4183, NOS: Other Contract - Contract, Categories: energy, Negligence, contract
J. Rodriguez grants a motion for summary judgment and dismisses a case involving a convoluted dispute over mineral rights. Parties who alleged that they were not being fairly compensated for mineral leases raised a number of issues, including alleging that a company involved in the dispute had violated the Texas Natural Resources Code, but based on the relevant leases and contracts in this case, those parties were simply "not owed the contested royalties."
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: June 16, 2023, Case #: 5:22cv558, NOS: Other Contract - Contract, Categories: energy, Real Estate, contract
J. O'Connor finds a group of companies must pay three heater businesses $1.8 million in damages following a breach of the parties' exclusivity agreement. The companies violated the contract when they sold heaters to a competitor and, therefore, must pay the amount of royalties the businesses paid between the time of the breach and the date the breach was discovered.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: June 15, 2023, Case #: 7:14cv87, NOS: Patent - Property Rights, Categories: energy, Damages, contract
J. Rosenthal finds Wells Fargo owes $38 million to Occidental Petroleum for failing to sell hundreds of thousands of shares of stock in the oil company’s rabbi trust on certain dates in January 2020. The appropriate method for calculating damages is the difference between the price of the stock on the date the parties' agreed the bank would sell and the price of the stock on the dates the bank belatedly sold the stock.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 31, 2023, Case #: 4:21cv1126, NOS: Other Contract - Contract, Categories: energy, Damages, contract
J. Bourliot finds that the trial court properly granted summary judgment to the seller of oil and gas wells in its suit against the purchaser for not performing its plugging and abandonment obligations. The court had jurisdiction to decide the dispute, and the evidence was sufficient to show the purchaser breached the agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: May 25, 2023, Case #: 14-21-00315-CV, Categories: Civil Procedure, energy, contract
J. Preska partially denies Argentina's motion to dismiss claims in this breach of contract claims brought by an energy company. Argentina never claimed it was unjust for the court to decide issues of Argentine law without live testimony from legal experts until it received an adverse ruling. However, the court will allow Argentina to submit evidence that it did not acquire control of a rival energy company's shares until May 2012.
Court: USDC Southern District of New York, Judge: Preska, Filed On: May 24, 2023, Case #: 1:15cv2739, NOS: Other Contract - Contract, Categories: energy, International Law, contract