Posts From the monthly archives: "August 2015"

On July 27, 2015, the Fifth Court of Appeals in Dallas held that Texas law does not permit trust beneficiaries to bring derivative claims on behalf of the trust against the trustee or against third parties. Plaintiff Sandra Goebel was a unit holder in the Hugoton Royalty Trust created by XTO Energy Inc. Bank of…(Read More)

Texas Supreme Court Building

In a 5-4 split decision issued June 26, the Texas Supreme Court broadly defined when an attorney defendant may use the qualified attorney immunity doctrine. The case stems from a contentious divorce proceeding between Philip Byrd and Nancy Simenstad. The divorce decree awarded Simenstad, who was represented by the Fort Worth law firm Cantey…(Read More)

Texas Supreme Court Building

Anadarko filed its Response to Lightning Oil’s Petition for review on June 19, 2015 arguing the Texas Supreme Court should refrain from changing the appellate ruling earlier this year. The San Antonio Fourth Court of Appeals held that Lightning failed to establish an injury to the mineral estate sufficient to grant a temporary injunction…(Read More)

Texas Supreme Court Building

On March 24, 2015, the Texas Supreme Court decided the case of Cosgrove v. Cade. This case emphasizes that parties to a real estate transaction need to make sure that the written instruments conveying the property accurately reflect the property interests that are transferred. The Cades sold property to the Cosgroves under a Real Estate…(Read More)