Legal Opinion

Virginia Power Energy Marketing, Inc. v. Apache Corp.

Texas Court of Appeals, 14th District (Houston)

Decided August 6, 2009No. 14-07-00787-CVPublishedCited by 50 opinions

1Opinion of the Court

OPINION

KENT C. SULLIVAN, Justice.

This business dispute involves the application and effect of force majeure provisions in a natural-gas supply contract between the seller, Apache Corporation, and Virginia Power Energy Marketing, Inc. (“VPEM”), the purchaser. The parties agreed that Apache was to deliver natural gas to VPEM at two specific locations in September and October of 2005. However, during that time period, Hurricanes Katrina and Rita struck the Gulf Coast, damaging gas-production platforms and portions of the natural-gas pipelines. After Apache failed to deliver the agreed-upon…

2Cases cited26 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Coker v. CokerTexas Supreme Court · 1983
  3. National Union Fire Insurance Co. of Pittsburgh v. CBI Industries, Inc.Texas Supreme Court · 1995
  4. Goodyear Tire and Rubber Co. v. MayesTexas Supreme Court · 2007
  5. M.D. Anderson Hospital & Tumor Institute v. WillrichTexas Supreme Court · 2000

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3Cited by50 opinions

  1. Italian Cowboy Partners, Ltd. v. Prudential Insurance Co. of AmericaTexas Supreme Court · 2011
  2. Wohlstein v. Aliezer, Texas Court of Appeals, 14th District (Houston)2010
  3. Lincoln Farm, L.L.C. v. OppligerSupreme Court of Oklahoma · 2013
  4. Valls v. Johanson & Fairless, L.L.P., Texas Court of Appeals, 14th District (Houston)2010
  5. Gastar Exploration LTD v. U. S. Speciality Insurance Co. and Axis Insurance Co., Texas Court of Appeals, 14th District (Houston)2013

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