In Case No. 4:20-cv-03867; Vanessa Garrett Jackson v. EK Real Estate Services of NY, LLC et al. in the U.S. District Court for the Southern District of Texas, the Plaintiff alleged violations of the Texas Deceptive Trade Practices Act, Truth in Lending Act, and Usury, against the firm’s client in connection with a real estate transaction and sought damages in excess of $200,000, mental anguish and exemplary damages, plus her attorney’s fees. After removing the case federal court, attorneys Andrew Wright and Helen McLaughlin obtained a favorable settlement for the firm’s client.
A HOUSTON COURT OF APPEALS GIVES NEW INSIGHT INTO THE DEFINITION OF “WILLFUL MISCONDUCT” IN JOINT OPERATING AGREEMENTS.
In light of the inherent risks and uncertainties associated with oil and gas operations, most joint operating agreements (“JOA”) contain an exculpatory provision. Such provisions shield an operator for liability unless the non-operator can prove that damages were caused by conduct that was the result of gross negligence or willful misconduct.