SHELL OIL CO. v. ROSS

No. 10-0429.

356 S.W.3d 924 (2011)

SHELL OIL COMPANY; SWEPI LP d/b/a Shell Western E&P, Successor in Interest to Shell Western E&P, Inc., Petitioners, v. Ralph ROSS, Respondent.

Supreme Court of Texas.

Decided December 16, 2011.

Rehearing Denied February 17, 2012.


Attorney(s) appearing for the Case

Michael Andrew Heidler , Vinson & Elkins LLP, Dan Miller , Gregory S. Friend , McElroy Sullivan & Miller LLP, Austin, TX, Marie R. Yeates , Vinson & Elkins, L.L.P., Houston, TX, for Petitioners.

Mark L. Perlmutter , Carl Brooks Schuelke , Perlmutter & Schuelke, L.L.P., Austin, TX, David W. Scott , Attorney at Law, Georgetown, TX, for Respondent.

Everard A. Marseglia Jr. , Liskow & Lewis, A PLC, Houston, TX, for Amicus Curiae Texas oil & Gas Association.

Jesse R. Pierce , Jesse R. Pierce & Associates, P.C., Houston, TX, for Amicus Curiae Chesapeake Exploration, L.L.C.

Charles Lawrence Stinneford , Gordon Arata McCollam Duplantis & Eagan, LLC, Houston, TX, for Amicus Curiae American Petroleum Institute and Independent Petroleum Association of America.


Justice LEHRMANN delivered the opinion of the Court.

This case involves a dispute concerning alleged underpayments of gas royalty. We must decide whether limitations barred a royalty owner's claims against the operator of the field. We hold that the fraudulent concealment doctrine does not apply to extend limitations as a matter of law when the royalty underpayments could have been discovered from readily accessible and publicly available information before the limitations...

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