Oil & Gas Litigation Lawyers in Austin

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Texas oil and gas law is complex, with certain rights afforded to both mineral and landowners. The existence of two distinct estates—the mineral estate and the surface estate—and the common severance of these estates can lead to many disputes.

Furthermore, modern oil and gas extraction techniques, including fracking, can cause contentious disagreements between estate owners.

If you are dealing with an oil and gas law matter, such as a title dispute or royalties issue, Howry Breen & Herman can help. For nearly 25 years, our team of skilled litigators has represented mineral and landowners in all types of oil and gas litigation.

Unlike many other law firms in the area, we are highly experienced trial attorneys. Our team has tried thousands of cases and we are consistently recognized as being very successful in front of judges and juries.

Discuss your situation with an oil and gas litigation lawyer in Austin, Georgetown, or the nearby areas. Call (512) 430-4844 or fill out an online contact form to request your free consultation.

Understanding Texas Oil & Gas Law

Texas is one of several U.S. states with an abundance of natural mineral resources. With private ownership of oil, gas, and other minerals, however, comes heavy regulation. Both federal and state law govern the ownership, extraction, and distribution of minerals throughout Texas and the U.S. as a whole.

In Texas, oil and gas ownership is divided into two distinct estates or set of rights: the surface estate, or the rights of the landowner, and the mineral estate, or the rights of the person or company that owns the sub-surface oil, gas, or other minerals.

Typically, these estates are owned by two separate parties. Often, the actual operation of the surface is carried out by a party that has taken a lease (known as the lessee) from the mineral owner (the lessor).

Texas law generally grants “dominance” to the mineral estate. In other words, the mineral owner or the lessee has broad rights to use the surface in any way and to any reasonable extent for the purpose of oil or gas exploration, extraction, development, or production. There are certain exceptions to this rule, notably, if the terms of the mineral lease or deed explicitly limit free surface use. Additionally, municipal ordinances and local laws may limit surface use rights.

Types of Oil & Gas Litigation Issues We Handle

At Howry Breen & Herman, we represent individuals and businesses in all types of oil and gas disputes and related issues. Whether you are a surface owner wondering about your land control rights or you are a mineral owner currently embroiled in a joint operating agreement dispute, we can help.

Our firm can assist you with any oil and gas litigation issue, including but not limited to:

Royalty disputes
Contract disputes
Title and lease issues
Property damage claims
Joint operating agreements
Fracking disputes
Mineral owner rights
Landowner rights
Easement disputes
Mineral transportation and storage
Pollution and/or emissions
Drilling disputes
Oil and gas personal injury

Oil and Gas litigation graphic.

Our goal is simple: to help you achieve the best possible result for your case. With this in mind, our Austin oil and gas litigation attorneys take the time to understand your unique situation and goals. We understand that every mineral interest is different. We are here to listen to your concerns and aggressively advocate for your interests.

Get in touch with our team at (512) 430-4844 to learn more about how we can help you with your oil and gas dispute or related litigation issue.

Our Victories

$53.9 Million Verdict
HBH won a 53.9 million dollar verdict against Oncor Electric Delivery. Following a two-week trial, a Dallas jury has awarded $53.9 million in damages to victim James Stacey Taylor of Graham, Texas, after finding that actions by Oncor, the state's largest electric delivery power company, caused the tragic 2015 incident that left Mr. Taylor a quadriplegic.

The case is Taylor v. Oncor Electric Delivery Co. Inc.,Case No. DC-16-01615 in Dallas County.

Catastrophic Injury
$15.8 Million
HBH won a record-setting 15.8 Million Dollar jury verdict for a client and her family after she was rendered quadriplegic when she was struck and run over by a defective runaway E-Z-GO golf cart/utility vehicle. It is the largest personal injury verdict in the history of that federal district. HBH also protected the verdict on appeal, winning that too. After a $7,367,684 reduction for credits and offsets, $4,038,316.00 net to client, $600,000 case expenses; $3,794,000 attorney’s fees.

Product Liability
$12.4 Million
HBH won a record-setting 12.4 Million Dollar jury verdict for a young man paralyzed in a diving accident in an apartment swimming pool. The verdict was the largest premises liability verdict in Texas at the time and led to changes in pool safety at apartment complexes that catered to college students. After a $7,578,417 reduction for contributory negligence and settlement on appeal, $2,475,000 net to client; $321,583 case expenses; $2,025,000 attorney’s fees.

Premises Liability
$10 Million
HBH won an Arbitration award for a client against an insurance company for bad faith non-payment of policy proceeds. The litigation spanned two years and involved witnesses from all over the world and with experts in numerous fields. Net to Client $6,890,665.62; Costs $364,545.90; Attorney Fees 2,744,789.48

Bad Faith Insurance
$10 Million
HBH secured a settlement for a multi-story building that was suffering damage due to construction defects. The recovery included all attorney’s fees and expenses to repair the building. $6,558,000 net to client; $745,000 case expenses; $3,597,000 attorney’s fees.

Construction Defects
Substantial and Confidential
HBH secured a recovery for construction defects to a multi-level condominium tower with systemic water damage. The settlement covered repairs, property damage, stigma, loss of use and attorney’s fees.

Construction Defects
SUBSTANTIAL AND CONFIDENTIAL
HBH won a settlement for victims of a multi-truck crash on the highway. Several trucks were involved in the crash and HBH secured insurance limits from all of them due to joint responsibility.

Truck Accident
$7.4 Million
HBH won a multi-party settlement for the family and young son of a woman tragically killed in a boating crash. HBH was the lead firm on the case. $4,400,000 net to client; $150,000 case expenses $2,900,000 attorney’s fees.

Wrongful Death
SUBSTANTIAL AND CONFIDENTIAL
HBH recovered a settlement for the family of a victim who was killed by 18 wheeler that was traveling at an illegally slow rate of speed in the highway. When the police initially investigated, the truck driver lied and claimed he was traveling at the speed limit. After HBH got involved and sued, HBH uncovered the truth that he was killing time driving slow because he was ahead of schedule.

Wrongful Death
$6 Million
HBH secured a settlement prior to trial for a client who was permanently injured by a premises liability and construction defect. Our client suffered spinal damage and other life-long injuries and required medical treatment the rest of her life. $3,365,000 net to client; $235,300 case expenses; $2,400,000 attorney’s fees.

Construction Defects

Our Attorneys

Howry, Breen & Herman is proud to have been named a Tier 1, 2 and 3 Austin “Best Law Firm” in 9 practice areas by U.S. News – Best Lawyers® (“U.S. News” and BL Rankings, LLC). Law firms are selected for inclusion in this prestigious ranking based on a series of quantitative and qualitative criteria. Our specialty and tiers are listed here: https://bestlawfirms.usnews.com/profile/howry-breen-herman-llp/overview/36628
Howry Breen & Herman, LLP was selected the Top Personal Injury Law Firm in Austin by Texas Lawyer, “Best of 2020”. The annual special supplement contains the results of Texas Lawyer readers’ poll, wherein readers cast their votes for the best providers of services and goods to the legal profession.
Attorney Sean Breen and Attorney Chris Lavorato placed in California’s Top 100 Settlements for 2019, as tracked by The Recorder and VerdictSearch.
Our law firm is proud to have been recognized in the Texas Verdicts Hall of Fame. Texas Lawyer in conjunction with VerdictSearch, recognize attorneys and law firms for their verdicts of $10 million or more. In 2011 Sean Breen was a Hall of Fame Award Recipient for the #1 Premises Liability Top Texas Verdict, awarded by Texas Lawyer, for the jury verdict award in the case VanDusen v. Aspen Square Management. In 2016 Sean Breen was inducted into the Texas Verdicts Hall of Fame, awarded by Texas Lawyer, for an outstanding verdict in Nester v. Textron.
Selection to America’s Top 100 Personal Injury Attorneys® is by invitation only and is reserved to identity the nation’s most exceptional litigators for high-value personal injury, catastrophic injury, wrongful death, product liability, and medical malpractice matters. HBH is proud that Sean Breen has been selected for this award. Less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community. (2017-2022)
Howry, Breen & Herman is proud to have been named a Tier 1, 2 and 3 Austin “Best Law Firm” in 7 practice areas by U.S. News – Best Lawyers® (“U.S. News” and BL Rankings, LLC). Law firms are selected for inclusion in this prestigious ranking based on a series of quantitative and qualitative criteria. Our specialty and tiers are listed here: https://bestlawfirms.usnews.com/profile/howry-breen-herman-llp/overview/36628
Best Lawyers - Lawyer of the Year | Litigation - Trusts & Estates (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Personal Injury - Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award. Selection is not achieved based on a single accomplishment or a single great year of success, but rather on a lifetime of hard work, ethical standards, and community enriching accomplishments that are inspiring among the legal profession. Both Sean Breen (2017) and Randy Howry (2018) are honored to receive this award.
America’s Top 100 High Stakes Litigators® is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state. HBH is privileged to honor Partners Sean Breen (2017- 2021) and Randy Howry 2017, 2019, 2020 and 2021 for selection of this award.
Expertise - Howry Breen & Herman was recognized and featured in an article by expertisecommunity.com as one of the Best Real Estate Lawyers in Austin. 2020
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (2019) and Randy Howry (2020) to be recognized among this elite group.
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (2019) and Randy Howry (2020) to be recognized among this elite group.
The National Trial Lawyers – Top 100, a highly respected legal organization that limits its members to premier trial attorneys who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by strict qualification requirements. Sean Breen Top 100 Civil Plaintiff, 2009 – 2020.
Top 10 Business Tort Trial Lawyers by the National Trial Lawyers. Randy Howry 2012-2013; Sean Breen since 2016.
The Best Lawyers in America® recognizes the top 5% of the most skilled attorneys in the nation. The robust selection process requires attorneys to nominate and review fellow lawyers based on their ethics, skill, knowledge, and ability to obtain results for their clients. The Best Lawyers in America® list is a way for plaintiffs to identify the leading attorneys in their region, known for their ability to get results with honesty, strength, and skill. Tim Herman, Sean Breen & Randy Howry have been featured by The Best Lawyers in America® (2006-2020) running alongside some of the most qualified firms in the nation. More info here.
Top Attorneys As Published In Texas Monthly
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2017. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen is a member of the Multi-Million Dollar Advocates Forum, a renowned legal organization whose membership is restricted to trial attorneys who have achieved seven-figured settlements and/or jury verdicts. 2011.
We are proud to have Sean Breen who is a member of the Million Dollar Advocates Forum. In order to become a member, an attorney must demonstrate that he or she has successfully achieved at least one six-figure settlement or jury verdict. 2011.
Martindale-Hubbell® is widely regarded as one of the most renowned peer-review rating organizations in the legal field. Randy Howry (2018), Sean Breen (2001), Tim Herman (1998), Glen Wilkerson (2014) and Chris Lavorato (2014) at Howry, Breen & Herman have achieved the organization’s highest distinction of AV Preeminent®.
Each year, Super Lawyers® magazine publishes its list of peer-nominated/evaluated and independently reviewed attorneys. We are proud to have attorneys who have been selected for inclusion in the prestigious Texas Super Lawyers® List, by Thomas Reuters since 2003, running through 2020.
Membership in Top American Lawyers is limited to only 1% of all attorneys in the United States. Randy Howry is proud to be honored with a Lifetime Charter Membership in this exclusive organization (2017).

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"They gave me hope and then delivered!"
- M.A.
"We are so grateful they believed in us and partnered with us to handle this case!"
- J.K.
"We were always one step ahead!"
- T.B.
"They were so fierce and tough with the other side while being so caring towards my family."
- L.P.
"I greatly admired their advocacy and professionalism!"
- S.O.
"It was like having true friends as my attorneys!"
- C.B.
"They are true trial attorneys!"
- G.N.
"I always felt confident in Howry Breen & Herman and knew I could trust them."
- J.M.
"Definitely recommend, they are the best."
- J.R.
"Thank you for helping my father through his case!"
- B.M.
"I could have not found more caring people!"
- M.A.
"Sean and his team were the breath of fresh air that we needed. Still thanking you guys, 9 years later!"
- A.L.
"Thank you for taking our case."
- L.M.
"They exceeded all expectations."
- T.R.