Oil & Gas Litigation

Welborn’s litigation team has extensive experience litigating oil and gas matters.  Our litigators have a deep understanding of the energy industry developed through decades of trials, arbitrations, mediations, and other forms of dispute resolution.  Oil and gas litigation requires a nuanced understanding of the industry and clients’ goals. That experience must be paired with the ability to explain industry complexities in terms that judges and juries can understand, all within the applicable procedural rules. Welborn’s litigation team has been successful for decades by combining those essential skills to achieve positive results for clients. Our oil and gas team is nationally recognized by Chambers USA, and our attorneys are recognized in Super Lawyers, The Best Lawyers in America®, Who’s Who in Energy, and Top Women in Energy.


  • Represented oil & gas company in successful bench trial regarding allegations of contamination and negligence.
  • Defended and resolved $500 million shareholder claim against an oil & gas client.
  • Arbitrated an area of mutual interest covering the Bakken play in Montana.  Enerplus Resources (USA) Corp. v. Slawson Exploration Company, Inc., AAA case (77 198 00189 06 MAVI).
  • Defended royalty underpayment claims involving 223 natural gas Well in Yuma County, Colorado. After favorable jury verdict and court of appeals decision, the case was favorably settled after Colorado Supreme Court remanded for new trial.  Rogers v. Westerman Farm Co., 986 P.2d 967 (Colo. App. 1998), rev’d and remanded 29 P.3d 887.
  • Represented oil and gas companies in U.S. federal qui tam litigation.
  • Obtained trial court judgment granting a constructive trust in favor of our client on oil and gas leases over an area covering 200 sections of land and an award of disgorgement of profits to client, plus damages and other relief. Klabzuba Oil and Gas, et al v. Textana, Inc., et al, Case Nos. DV-98-051 and DV-98-137, Montana Twelfth Judicial District, Hill County, Montana. Affirmed by the Montana Supreme Court, 316 Mont. 532, 77 P.3d 551.
  • Represented client in case involving mineral trespass and conversion of diamonds from Colorado/Wyoming State Line diamond area. Union Pacific Land Resources Corporation v. Diamond Company, NL, et al, Case No. 97-S-129, United States District Court, District of Colorado.
  • Successfully obtained injunction for the owner of a 29,000 acre ranch enjoining excessive logging by logging company. Jaroso Creek Ranch v. United States Forest Industries, et al, Civil Action No. 98-S-2491, United States District Court, District of Colorado.
  • Represented plaintiff and counterclaim defendant in breach of contract and covenant not to compete.  Tried to verdict and obtained six-figure damage award for client.
  • Obtained summary judgment in favor of client on fraud, estoppel, and declaratory judgment claims and dismissal of opponents’ $12.5 million claim for alleged breach of energy services contract.
  • Represented oil & gas company involving complex accounting of recovery factors at natural gas processing plants, natural gas liquids, and residue gas.
  • Represented oil & gas company in a dispute over title to leasehold interests in approximately 26,000 mineral acres in the Wamsutter field located in Carbon and Sweetwater Counties, Wyoming.
  • Represented oil & gas company in defense of action seeking damages and recession of assignment of oil and gas leases and seeking to assert claims for alleged anti-trust violations.
  • Represented oil & gas company in favorably settling contamination claims related to alleged spill on landowner’s property.
  • Obtained dismissal of our client from class action suit against energy companies.  McGreevey v. Montana Power Co., et al., 320 Fed.Appx. 775.
  • Represented an employer in a class action wage dispute matter. Okamoto v. Bradley Petroleum, Inc.
  • Obtained directed verdict in favor of defendant client in jury trial, with plaintiffs’ $128 million dollar claim dismissed and attorneys’ fees awarded to our client.  West Hawk Development Corp. et al. v. Encana Oil & Gas (USA) Inc., Denver District Court.
  • Represented oil & gas company in challenging the unprecedented action of the U.S. Department of the Interior in cancelling 18 oil and gas leases issued to the company. Case settled favorably for our client.
  • Obtained confidential arbitration award in favor of client, with the three member arbitration panel rejecting $2.5 million damages claim for costs incurred for natural gas pipeline and midstream infrastructure project.
  • Represented energy company providing federal Bureau of Land Management (BLM) right-of-way and strategic advice in the permitting of a 1300 MW pumped hydropower plant in California.
  • Obtained dismissal for client from antitrust action.  Riviera Drilling & Exploration Co. v. Gunnison Energy Corp., et al., 412 Fed.Appx. 89.
  • Represented a brokerage firm in a federal action challenging an arbitration award.