Oil & Gas Litigation

Protecting Your Property Rights

The biggest reason for oil & gas disputes? Ownership. However, finding out the answers to questions like 'who owns what' or 'how much is owned' can be very complicated, and it's why Oil and Gas can be one of the most difficult areas of the law.

For example, mineral rights are often handed down by unclear inheritance documents. Deeds can be forged. Often times, the ownership of the minerals are divided up so many times that determining ownership is problematic. It is the responsibility of the oil and gas companies to identify and locate all individuals holding mineral rights and secure authorization for production of minerals. If you own mineral rights or an interest in royalty payments but have not received the appropriate contracts or payments from the oil or gas companies, then contact us. We will investigate the situation and protect your best interests through legal counsel and representation.

Real Property - Land Owner Rights

In the rush to production, oil companies cut corners, and in doing so, cause unnecessary damage to property. Trespass is the unauthorized use of your property, including engaging in oil and gas activities beyond the terms of the lease or easement. If an oil or gas company has caused damage while trespassing on your property, contact us to discuss your legal options.

Real Property - Mineral & Gas Owner Rights

Payments must always be made correctly, on-time, and pursuant to your lease agreement. Therefore, understanding your rights under the lease agreement is critical in order to protect your financial interests. For instance, there may be a clause in your lease agreement that allows an oil & gas company to delay the production or drilling on an oil & gas well, but still requires them to make the same payments. 

Another common issue with payments is that Oil companies will routinely pay the wrong people or underpay those who hold production lease rights. Calculating accurate royalty payments can be difficult, and oil companies have wrongfully underpaid stakeholders by padding production costs, or using other illegal means to reduce payment or avoid payment all together. With the development of Eagle Ford Shale, the stakes are substantial.

Compensation For Harms and Losses

When a land-owner, or a mineral-rights-owner has been damaged by another individual or company, then that entity is responsible for the harm caused. Our jury system allows for the recovery of damages to repair the harm when it can be repaired, and help compensate the injured party for all their financial losses. 

The following are examples of the types of legal damages we seek to recover from the responsible party: 

Statutory Damages for Fraud, Deceit, or Malice

Unpaid Payments in the Past and Future

Loss of Future Income

Depreciation Loss for Damaged Real Property & Structures

Repair and Replacement Costs

Out of Pocket Expenses, including Fees For Appraisers or Experts

Mental Anguish in the Past and Future

Our Approach to Trial Advocacy

The Kemmys spend a considerable amount of time in the courtroom, and in front of juries. However, going to trial can always be a risk. In recent years, insurance companies and other corporations have spent billions to run a remarkable propaganda campaign against trial lawyers and their clients. They have been so effective that jurors are now often suspicious of injured victims who have hired a trial lawyer to hold the wrongdoer accountable. However, with the right approach, we have found that when jurors actually hear about a legitimate injury caused by the violation of basic safety rules that we all depend on, they are fair and just with their verdict.
 
Tom Kemmy has spent more than 30 years successfully representing patients and families injured from medical negligence, and we are determined to fight for the highest possible compensation due under the law. Early in Tom's career he was an insurance defense counsel and was hired to defend doctors, nurses and hospitals. Tom's knowledge of the defense side of litigation proves beneficial when representing injured patients today.

Featured Case Results

Nursing Home Malpractice
In May 2017, a Bexar County jury rendered a $13,800,000 verdict in favor of our Client after he was catastrophically injured at a skilled nursing facility. The jury found that the Defendant-Nursing-Home was responsible for Client's permanent paralysis, because the Nursing Home repeatedly failed to communicate critical information to the treating physicians, which would have easily prevented our Client from becoming paralyzed.

Hospital Malpractice
In March 2017, we obtained a $3,00,000 settlement on behalf of our Client who was paralyzed in an Iowa state hospital after his treating physicians failed to fully investigate the life-threatening bleeding in his GI tract.  The result his case now serves to protect future patients by helping change the hospital's dangerous policies. (Co-Counsel: Curtis L. Cukjati - Martin, Cukjati & Tom, LLP).

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Recognized Trial Attorney