News

November 13, 2017

Charest Argues Oil & Gas Case Before Fifth Circuit

Daniel Charest, the firm’s co-managing partner, argued a case with important implications for oil and gas royalty holders before the U.S Court of Appeals for the Fifth Circuit in New Orleans. The dispute involves matters of contract interpretation, oil and gas rights, and aspects of Texas property law. In the case, the firm’s client seeks to enforce its rights to payment of $2.5 million by an oil and gas operator for the use of land under a surface use agreement. “We hope the appellate court reverses the district court’s error on this arcane but important aspect of Texas law and renders judgment for our clients,” says Mr. Charest.

One of the judges in the appellate panel, The Honorable Edit Brown Clement, was the judge for whom Mr. Charest served as a law clerk during the 2005-2006 term. The case is styled Fort Worth 4th Street Partners, et al. v. Chesapeake Energy Corp., et al., No. 17-10040. To date, no opinion has issued from the Court. To listen to an audio recording of the argument, click this link. The rebuttal by Mr. Charest (starting at 26:30) best summarizes the issues and argument.