Legal Opinion

Fordoche, Inc. v. Texaco, Inc., Texaco Exploration and Production, Inc.

Court of Appeals for the Fifth Circuit

Decided August 31, 2006No. 05-30857PublishedCited by 114 opinions

1Opinion of the Court

DENNIS, Circuit Judge:

This case deals with the performance of obligations under right of first refusal (ROFR) clauses, also termed “preferential rights” clauses, in four joint operating agreements (JOAs) to which defendant-appellee Texaco Exploration and Production, Inc. (“TEPI”) and plaintiffs-appellants, Fordoche, Inc. and Ronnie and Rebecca Theriot (“Fordoche group”) were parties. Each of the ROFR clauses required that any party to the JOA, before selling any of its mineral interest described in the JOA to a third party, must first offer the same interest to the other parties to the JOA on…

2Cases cited10 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  4. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  5. Brenda A. Gowesky, M.D. v. Singing River Hospital Systems, D/B/A Ocean Springs HospitalCourt of Appeals for the Fifth Circuit · 2003

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3Cited by114 opinions

  1. Huston v. U.S. Bank National Ass'nDistrict Court, S.D. Texas · 2013
  2. BAC Home Loans Servicing, LP v. Texas Realty Holdings, LLCDistrict Court, S.D. Texas · 2012
  3. Jiles v. Wright Med. Tech., Inc.District Court, S.D. Texas · 2018
  4. United States Ex Rel. Longhi v. Lithium Power Technologies, Inc.District Court, S.D. Texas · 2007
  5. Beltran v. University of Texas Health Science CenterDistrict Court, S.D. Texas · 2011

109 more not listed; retrieve them via the Exa API.

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