Clear as crude: defending oil and gas royalty litigation

Article Abstract:

The end result of the Marketable Condition Rule, adopted by courts in several producing states starting in 1993, will be higher production costs rather than higher royalty payments. This rule creates serious problems for the lessee of oil and gas rights, for it changes the lessor-lessee relationship by rewriting the lease contract to increase the burden on the lessee. Third parties rather than the lessee will perform the post-wellhead value-enhancing activities, making them more expensive than when the lessee performs these services.

United States, Mexico, Oil and gas leases

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Bendectin, birth defects, and Brock: a study in appellate review

Article Abstract:

The Fifth Circuit's decision, in Brock v Merrell Dow Pharmaceuticals Inc, demonstrates the disputes appellate courts experience in applying standards for appellate review of jury verdicts, the admissibility of expert evidence, and proof of causation. In this case, the court reversed a previous finding that Bendectin was responsible for birth defects. The ruling sets strict standards for proof of causation and expert evidence for future Bendectin litigation.

Standards, Analysis, Drugs, Product liability, Birth defects, Evidence (Law), Powers and duties, Products liability, Judicial review, Appellate courts, Bendectin (Medication)

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