Mineral Royalty Mispayments: A Discussion of Common Mispayment Scenarios and Applicable Law
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide counsel with a review of the common pitfalls involved in oil and gas royalty mispayment cases, including a discussion of various mispayment examples and applicable statutory and case law.
Common mispayment scenarios
- Case study #1: Overpayment and underpayment following unit formation
- Common mispayment scenarios
Resolving royalty underpayments
- Effect of signed division orders
Review of pertinent authority
- Case study #2: The Gavenda case
The underpaid payee’s options
- Case study #3: XTO v. Pennebaker
- Case study #4: Shell Oil Co. v. Ross
- TX and OK statutory highlights
Recoupment of mineral royalty overpayments
Common overpayment scenarios
- Case study #5: Unique contractual provision leads to overpayment
- The typical affirmative recoupment action: Money had and received
- Case study #6: The Castle case—underpayment due to mistake in title opinion
- Case study #7: Overpayments due to a “mistake of fact”
- Common overpayment scenarios
A payor’s right to exercise recoupment
- Case study #8: The Waechter case—withholding future royalties to recoup
- Case study #9: The Bright case—self-help recoupment goes wrong
- Case study #10: Nelson v. Linn Mid. Expl.—recoupment in Oklahoma
- Conclusion/key takeaways
The panel will review these and other key questions:
- What are the payor’s options if an overpayment has occurred?
- What are the benefits of having signed division orders?
- What is the pertinent law governing these matters?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Curnutt & Hafer
Mr. Hafer’s practice focuses on litigation, including oil and gas, business, insurance, and franchise. He has... | Read More
Mr. Hafer’s practice focuses on litigation, including oil and gas, business, insurance, and franchise. He has successfully tried cases in state and federal courts, taken and defended hundreds of depositions, and briefed and over 100 motions in state and federal courts. Mr. Hafer also has significant appellate court experience.Close
Daniel B. Mathis
Mr. Mathis provides operational, transactional and pre-litigation counsel to Devon’s Onshore Exploration and... | Read More
Mr. Mathis provides operational, transactional and pre-litigation counsel to Devon’s Onshore Exploration and Production Division. His responsibilities include assisting in the negotiation and drafting of various oil and gas contracts. In addition, Mr. Mathis provides support for title and leasing issues, royalty calculation, payment and mispayment disputes, surface entry and permitting challenges, and any other day-to-day operational issues relating to oil and gas exploration and production activities.Close