Category Archives: Contracts

Force Majeure

Posted on by

It is rare seemingly obscure phrases from law school find their way to the news, but recently, that was the case with the phrase “force majeure.” When Bayer announced it would be declaring force majeure in contracts related to glyphosate, there were many questions about what these words meant and the legal impact of a force majeure clause in a contract. Emily Unglesbee from DTN Progressive Farmer interviewed me on this topic and wrote a great article offering the details about force majeure clauses in contracts. To read… Read More →

Case Addresses Mineral Reservation Language Dispute

Posted on by

The Austin Court of Appeals recently addressed the issue of mineral reservation in a deed in Ross v. Flower, offering important reminders for Texas landowners and property purchasers. Background This case revolves around the interpretation of a paragraph in a deed for 20-acres of land in Fayette County. In 1999, the Rosses owned the surface and mineral interests for the 20-acre tract at issue.  In April 1999, the Rosses executed a General Warranty Deed conveying the property to Richard & Patricia Church.  Specifically, the Deed stated that the… Read More →

Texas Supreme Court Addresses Whether Emails Constitute a Contract

Posted on by

In 2020, the Texas Supreme Court decided two cases related to an important question:  Can a series of emails constitute a legally binding, written contract as required by the Statute of Frauds?  Today, we will look at one of these cases, Copano Energy, LLC v. Bujnoch. Given the prevalence of email in today’s society, this case offers important lessons to keep in mind. Background Plaintiffs own land in Lavaca and Dewitt Counties.  In 2011, they granted 30′ easements to Copano for the construction, operation, and maintenance of a… Read More →

July 10, 2020 Weekly Round Up

Posted on by

Happy Friday!  We are looking at a high of 108 today in the Texas Panhandle.  I hope you are all staying cool and healthy. Here are some of the agricultural law stories in the news over the past week. *Texas Wildlife Association Annual Convention available online.  The Texas Wildlife Association has curated a wonderful annual convention and has posted every session online, available to anyone, for free!  This includes my 30 minute presentation on landowner liability, which you can watch by clicking here. *USDA seeks comment on potential… Read More →

April 3, 2020 Weekly Round Up

Posted on by

Here is a list of some of the recent agricultural law stories in the news. *Montana Court upholds constitutionality of beef checkoff.  The biggest story of the last couple of weeks was a trial court ruling in the beef checkoff litigation.  The United States District Court for the District of Montana found in favor of USDA and the Montana Beef Council, holding that the advertising and promotional speech of the Montana Beef Council (and similar organizations in 14 other states) constituted government speech given USDA oversight.  Thus, the… Read More →

January 25, 2019 Weekly Round Up

Posted on by

Hello there!  I’m not sure how it happened, but the month of January got away from me and I apologize for the lack of Weekly Round Up Posts.  Several readers have contacted me to ask if I would be continuing these and the answer is yes, but they will likely be bi-weekly.  Thank you for your kind comments about how you enjoy these posts. So far, January has been a fun month with several speaking events.  I kicked things off lecturing at the King Ranch Institute for Ranch… Read More →

March 16, 2018 Weekly Round Up

Posted on by

It’s been a busy week for me and for agricultural law!  On Wednesday I spoke in Albany, Texas at a program hosted by the Leon Bosque RC&D and on Thursday evening I was in Brownwood to speak at the Brown County Ag Day.  Welcome to those of you joining from those events. Here are some of the ag law stories in the news this week. * FMCSA Extends Agricultural Exemption to New Hauling Regulations Another 90 Days.  The Federal Motor Carrier Safety Administration (FMCSA) announced that it will… Read More →

January 19, 2018 Weekly Round Up

Posted on by

Welcome to those of you joining from the program I did in Clarendon on Wednesday and those of you who attended the Caprock Crops Conference at the Floyd County Friends Unity Center. Here are some of the biggest ag law stories in the news this week. * Article summarizing speeches at American Farm Bureau Convention.  I was honored to be included in an article summarizing presentations made at the recent American Farm Bureau Federation Convention in Nashville.  The article mentions presentations given by my friend Paul Goeringer and… Read More →

New Rules for Agricultural Product Purchase Contracts

Posted on by

The Texas Legislature passed a new bill, the Producer Protection Act, effective September 1, that changes rules for purchase contracts for agricultural products.  The bill was sponsored by Representative Dustin Burrows and Senator Charles Perry.  It was signed by Governor Abbott on June 15, 2017 and takes effect September 1, 2017. Essentially, the new legislation does two things.  First, it requires a contract to state whether it is an acreage or quantity contract.  Second, it imposes limitations on lawsuits filed against producers using acreage contracts.  [Read full bill here.]… Read More →

Texas Supreme Court Enforces Forum Selection Clauses

Posted on by

Frequently during presentations on hunting leases, I recommend that landowners include a “forum selection clause” in their lease agreement with hunters who “aren’t from around here.”  A forum selection clause essentially is a contractual agreement between the parties as to where any litigation will be filed if a dispute arises.  In hunting leases, a landowner wants to ensure that he or she has home court advantage, if you will, by ensuring that litigation occur at home, rather than where the hunter lives.  Earlier this year, the Texas Supreme Court… Read More →