Sitting for the court: Justice Paul W. Green, Justice Nathan L. Hecht, Chief Justice Wallace B. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. Willett, Justice Debra Lehrmann
(Justice Guzman not sitting)
BP America Production Co., et al. v. Stanley G. Marshall, et al.
from Zapata County and the Fourth District Court of Appeals, San Antonio
For petitioner BP America: Thomas R. Phillips, Austin
For petitioner Wagner Oil: Pamela Stanton Baron, Austin
For respondents Stanley G. Marshall Jr., et al.: Tim Patton, San Antonio
For respondents Vaquillas Ranch Co., et al.: David M. Gunn, Houston
In this case by mineral interest-holders alleging BP fraudulently continued a lease it had ceased working, the issues are (1) whether the discovery rule tolled limitations; (2) whether BP’s communications with a mineral interest-holder amounted to legal opinion or created a false impression that required full disclosure; (3) whether BP, which leased its production interest, can be required to account for future net profits even though it no longer possesses producing wells; (4) whether a successor lessee to BP’s interest, as co-tenant, can claim title to the mineral interests by adverse possession against the other tenant; and (5) whether BP’s successor to its lease interest can be a bona fide purchaser, if it took title without knowledge of the alleged fraud.
This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court's staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court's opinion about case merits.
Texas Supreme Court advisory
Contact: Osler McCarthy,
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