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Dispute Between Texas Judge and Texas State Commission on Judicial Conduct, and Contract Matter

By FindLaw Staff on May 03, 2010 11:29 AM

EOG Resources, Inc. v. Chesapeake Energy Corp., No. 09-30363, concerned an action claiming that defendant drilled three oil wells without obtaining plaintiff's permission, in alleged violation of an operating agreement between the parties.  The court of appeals reversed judgment for defendant, holding that 1) plaintiff's suit did not challenge an "operative fact" of the Louisiana Commissioner of Conservation's orders and thus was not a collateral attack on them; and 2) the district court's finding that there was no breach of contract was predicated on its finding that plaintiff was engaged in a collateral attack.

Jenevein v. Willing, No. 09-50064, involved an action by a censured state judge against the Texas State Commission on Judicial Conduct, seeking to have the censure expunged from his record.  The Fifth Circuit affirmed the denial of plaintiff's motion for attorney's fees, on the ground that plaintiff was not a prevailing party because the commission's censure remained in effect.

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