District Court Grants Summary Judgment and Awards Attorney’s Fees for Successfully Defending Against Declaratory Judgment Action

Brett Kutnick, Deborah Hankinson, Jennifer Rangel Stagen, and Stephanie Dooley Nelson successfully represented Eagle Oil & Gas Company (“Eagle Oil”) in the trial court in a second lawsuit filed by TRO-X, L.P. concerning oil and gas interests in the Permian Basin. Following extensive briefing and a hearing, the trial court granted Eagle Oil’s motion for summary judgment on grounds of res judicata, collateral estoppel, the statute of limitations, and waiver, and denied TRO-X’s cross-motion for summary judgment. After a later evidentiary hearing on Eagle Oil’s request for attorney’s fees under the Declaratory Judgments Act, the trial court rendered final judgment that TRO X take nothing on its claims and awarded Eagle Oil attorney’s fees incurred in the trial court in the amount of $175,819.50, plus up to $261,000 in conditional appellate attorney’s fees for representation in the court of appeals and Texas Supreme Court. The case is currently on appeal in the Dallas Court of Appeals. TRO-X, L.P. v. Eagle Oil & Gas Co., No. DC-16-01439, in the 116th Judicial District Court of Dallas County, Texas.