Eugene M. Nettles

Education

J.D., South Texas College of Law, 1974

B.B.A., University of Texas at Austin, 1971

Admissions

Texas

Federal District Court Northern, Southern, Eastern, and Western Districts of Texas

United States Court of Appeals for the Fifth Circuit

• Eagle Ford Shale/Royalty Dispute: Represented a large, independent oil and gas company in a royalty dispute in the Eagle Ford Shale in South Texas over post-production deduction issues.
• Permian Basin/Royalty Dispute: Represented an oil and gas company in a royalty dispute in the Permian Basin over the issue of post-production deductions.
• Tortious Interference: Defended a Canadian public energy company against tortious interference claims arising from the acquisition of mineral interests in Columbia and a review by the Texas Supreme Court in a special appearance proceeding.
• Mineral Lien Dispute: Represented a major energy company in a lawsuit involving Chapter 56 mineral liens and a claim that the company was directly liable to a subcontractor for the debt of a bankrupt fracking contractor.
• Purchase & Sale Agreement Dispute: Represented a large, independent oil and gas company in a dispute involving mineral servitude rights for oil and gas interests in the Louisiana Haynesville Shale. We successfully challenged subject matter jurisdiction in Harris County, Texas.
• Force Major Dispute: Represented a gas marketing company and large utility in a breach of contract suit involving the interpretation of the force majeure clause in an NAESB gas contract.
• Removal of Operator: Defended a large, independent oil and gas company in a suit by a non-operator seeking to remove the company as operator under a standard form Joint Operating Agreement.
• Environmental Dispute: Defended a publicly traded oil and gas company in a suit by a landowner alleging contamination of the surface estate and the ground water.
• Failure to Develop: Defended a large, independent oil and gas company in a suit for failure to develop the leasehold and drainage claims.
• Surface Damage: Defended an independent production company in numerous surface damage cases in South Texas.
• Gas Storage: For a gas storage facility, prosecuted a suit against a producer for trespass and conversion of storage gas.
• Gas Plant Dispute: Defended an operator of a natural gas processing plant in a breach of contract suit with natural gas producers.
• CFTC Dispute: Defended a publicly traded oil company in a $60 million gas trading case containing alleged RICO violations, fraud, breach of fiduciary duty claims and CFTC violations.
• Fraud Conversion: Represented a publicly traded oil and gas corporation prosecuting several $20-$40 million conversion and fraud cases against two major oil companies.
• Construction Litigation: Represented a major energy company in a complex construction litigation matter involving more than 20 claimants for retainage and defense of multiple claims in both state and federal courts and in bankruptcy court.

Selected Matters

• Searcy v. Parex Res., Inc., 496 S.W. 3d 58 (Tex. 2016), reh'g denied (Sept 23, 2016) In this tortious interference case, the Supreme Court upheld a Special Appearance decision in favor of a Canadian oil & gas company.
• Orca Assets, G.P., LLC v. Burlington Res. Oil & Gas Co., L.P., 450 S.W.3d 203 (Tex. App.-Houston [14th Dist.] 2014, pet. denied) The Court affirmed summary judgment of the trial court as to whether the second assignee of mineral rights was a bona fide purchaser for value.
• Devon Energy Prod. Co., L.P. v. KCS Res., LLC, 450 S.W.3d 203 (Tex. App.-Houston [14th Dist.] 2014, pet. denied) In this dispute over the terms of a purchase and sale agreement for mineral interests in Louisiana, the Court of appeals upheld the summary judgment dismissing the case for want of subject matter jurisdiction.
• Peironnet v. Matador Res. Co., 47,190 La. App. 2 Cir. 8/1/12, 103 So. 3d 445, writ granted, 2012-2292 La. 1/11/13, 106 So. 3d 541, and writ granted, 2012-2377 La. 1/11/13, 106 So. 3d 542 and rev'd, 2012-2292 La. 6/28/13, 144 So. 3d 791. The Court decided the validity of a lease extension agreement between the parties.
• XTO Energy Inc. v. Smith Prod., 282 S.W.3d 672, (Tex. App.-Houston [14th Dist.] 2009, writ dism'd). A non-operator working-interest owner, if allowed to change its election to participate in drilling operations, would have conflicted with the intent of the contract.
• Virginia Power Energy Mktg., Inc. v. Apache Corp., 297 S.W.3d 397 (Tex. App.-Houston [14th Dist.], 2009, pet. denied). A force majeure provision in a base contract between a supplier and a marketer excused deliveries on a pipeline damaged by hurricanes.
• Vial v. Gas Sols., Ltd., 187 S.W.3d 220, (Tex. App.-Texarkana 2006, no pet.) Fraudulent concealment did not toll the statute of limitations in an action for breach of oil lease.
• Hay v. Shell Oil Co., 986 S.W.2d 772 (Tex. App.-Corpus Christi 1999, pet. denied) A discovery rule did not toll the statute of limitations in an action for breach of oil lease.
• Dorchester Master Ltd. P'ship v. Dorchester Hugoton, Ltd., 914 S.W.2d 696 (Tex. App.-Corpus Christi 1996, writ granted w.r.m.) An amendment to a gas purchase contract triggered a gas processing agreement provision allowing the processor to terminate the agreement if the terms of contract changed.

Product Liability

• Bradshaw v. Freightliner Corp., 937 F.2d 197, 199 (5th Cir.1991) An injured truck driver brought a products liability action against the manufacturer of an allegedly defective seat.

Employment

• Dech v. Daniel, Mann, Johnson & Mendenhall, 7 48 S.W.2d 501, (Tex. App.-Houston [1st Dist.] 1988, no writ) A terminated architect brought an action against his former firm for breach of employment contract.

Real Property

• Tanglewood Homes Ass'n. v. Henke, 728 S.W.2d 39, (Tex. App.-Houston [1st Dist.] 1987, writ ref'd n.r.e.) A homeowners association and neighbors brought an action against homeowners to permanently enjoin violations of deed restrictions.
• Seureau v. Tanglewood Homes Ass'n, 694 S.W.2d 119, (Tex. App.-Houston [14th Dist.] 1985, writ red'd n.r.e.). A homeowners' association and its members sought an injunction ordering a property owner to remove a structure allegedly in violation of a subdivision’s deed setback restrictions.

News

Media Mentions

Publications

Speaking Engagements

College of the State Bar of Texas, Fellow

Texas Bar Foundation, Houston Bar Foundation, Fellow

American Board of Trial Advocates, Member, 2010

March of Dimes Texas Chapter, Houston Division, Board of Directors (Chairman 2007-2009)

American Bar Association, Member

Houston Bar Association

Administration of Justice Committee, Member, 1992-1997
Administration of Justice Committee, Co-Chair,1996
Houston Bar Association, Bench Bar Conferences, Co-Chair, 1995 & 1997

Adjunct professor of Trial Advocacy, University of Houston Law School, 1989-1993

State Legislation in Public Interest Committee, Member, 1982-1986