pjc-oil-and-gas-2024-lib
CHANGES IN THE 2024 EDITION The 2024 edition of Texas Pattern Jury Charges—Oil & Gas includes the following changes from the 2022 edition: 1. Admonitory Instructions— a. Added instruction on deposition testimony (300.15) b. Added instruction on multilingual jurors (300.16) 2. Lessor-Lessee Issues—Added analysis for disputes over multi-well leases in the context of cessation of production in paying quantities (303.20) 3. Industry Agreements— a. Deleted Committee Note and Disposition Tables b. Updated Comment on trade custom to include revised instruction and to clarify discussion (305.20) c. Expanded discussion on willful misconduct under operator breach in joint operating agreement exculpatory provisions (305.28) 4. Damages— a. Added additional category of monetary damages that may be recoverable in claims involving real property interests (313.5) b. Revised the source discussion around measuring damages for breach of implied covenant to develop (313.18) c. Revised discussion on benefit of the bargain and remedial damages to reflect updated case law (313.21) d. Revised discussion of foreseeability under consequential damages to reflect updated case law (313.22) e. Added Comment on confusion of goods (313.26) f. Added Comment on predicate findings for equitable or legal relief (313.27) g. Added Comment on predicate question for award of specific performance (313.28) 5. Preservation of Charge Error—Added Caveat noting that the current discussion does not reflect Horton v. Kansas City Southern Railway Co. , 692 S.W.3d 112 (Tex. 2024) (314.2)
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