Keeling & Fredrickson, P.C.

07/01/2025

Yesterday evening, the El Paso Court of Appeals released its opinion in TAC Total Automation Controls, Inc. v. MSC IndustrialSupply, S. de R.L. de C.V., affirming the trial court’s order denying TAC’s motion to compel arbitration. The court of appeals ruled that TSC had waived its right to arbitration through its substantial invocation of the judicial process.

Along with Eric Cassidy of Curtis Mallet-Provost, Keeling & Fredrickson, P.C., was privileged to be able to represent the MSC parties successfully in this appeal.

06/15/2025

This past week, the West Virginia Supreme Court of Appeals released three opinions in Kaess v. BB Land: a majority opinion, a dissent, and a concurrence. Each of the opinions quoted at length from Byron Keeling’s recent article in St. Mary’s on the fundamentals of royalty calculation. Each of the opinions got his analysis partially right; each got it partially wrong.

The West Virginia supreme court also released its opinion in Romeo v. Antero Resources, which confirmed that West Virginia remains unique in its approach to oil and gas royalty calculation. Blog post on firm website to follow.

05/17/2025

On May 16, the Texas Supreme Court issued its opinion in Myers-Woodward, LLC v. Underground Services Markham, LLC. The supreme court ruled that Myers-Woodward, as the owner of the surface estate, owned all of the underground pore spaces beneath the surface of the property, including any salt caverns. The supreme court also ruled that Myers-Woodward owned an in-kind royalty interest entitling it to 1/8 of all salt produced from its property or 1/8 of the net proceeds from the sale of all salt produced from its property.

Along with Lee Gill of Jones Gill and Ross Sears of Sears Crawford, Keeling & Fredrickson was privileged to represent Myers-Woodward in this matter.

01/25/2025

Hearing on Friday in Montgomery County. BCK tried a lawsuit there in 1999. Except for a few technological upgrades, not much has changed.

01/12/2025

At Hill Country Chocolate.

12/07/2024

New blog post on the Keeling & Fredrickson website. The West Virginia Supreme Court issued two new oil and gas opinions in November. Those opinions, Kaess and Romeo, confirm that as to the calculation of oil and gas royalties, West Virginia is entirely unlike any other state.

On November 4, 2014, the West Virginia Supreme Court released two new opinions on oil and gas royalty issues: Romeo v. Antero Resources Corp., No. 23-589, 2024 WL 4784706 (W. Va. Nov. 14, 2024); and Kaess v. BB Land, LLC, No. 23-522, 2024 WL 4784609 (W. Va. Nov. 14, 2024). These cases confirm that,....

11/04/2024

K&F is a proud sponsor of the Festival of Texas Fiddling.

10/30/2024

K&F was privileged to represent Myers-Woodward, LLC, earlier today in oral argument before the Texas Supreme Court at the University of Houston Law Center. Many thanks to the faculty and students at UH Law for their hospitality in hosting the oral arguments.

08/02/2024

On August 1, the Fort Worth Court of Appeals released its opinion in Hydroworks, Inc. v. Estate of Deborah McCartney Williams, affirming a take nothing summary judgment in the Estate's favor on Hydroworks's claims against the Estate. Along with Scott Davenport at the Davenport Law Firm, Keeling & Fredrickson, P.C., represented the administrators of the Estate in defending against Hydroworks's claims.

07/20/2024

New blog post: Thoughts on the recent Texas Supreme Court opinion in Devon v. Sheppard.

06/21/2024

On May 9, the First District Court of Appeals released its opinion in In re The Sydow Firm, PLLC. The court granted mandamus relief, holding that discovery requests that the plaintiffs had issued to the defendants were overly broad. Along with Robin Ziek, Keeling & Fredrickson represented the defendants in the mandamus proceeding.

04/25/2024

Earlier today, the Fourteenth District Court of Appeals released its opinion in Southwest Sunrise, LLC v. John Gannon, Inc., reversing the trial court's judgment and vacating the trial court's permanent injunction against Southwest Sunrise. Keeling & Fredrickson represented Southwest Sunrise in the appeal.