Katie Petroski’s practice predominately involves representing clients in litigation matters arising out of a broad array of disputes in the oil and gas industry. She has experience litigating commercial, contractual, and personal injury disputes and has been involved in all aspects of civil litigation from pre-suit investigations to upholding successful trial results on appeal. Her cases include disputes between operators and surface owners, royalty and title disputes, breach of warranty claims, and indemnification disputes. Ms. Petroski has successfully resolved lawsuits through trial, summary judgment, and voluntary settlement for clients, who range from individuals to local West Texas businesses to large corporations. She frequently drafts, reviews, and negotiates master service agreements on behalf of both operators and service companies, in addition to employment agreements, non-disclosure agreements, and other business documents.

Some of her accomplishments include:

• Prevailed in solo bench trial on a deed restriction case, resulting in a permanent injunction and an award of all amounts sought. The defendant paid the final judgment in full.
• Prevailed in successful jury trial, resulting in a take nothing judgment in favor of a local oil and gas company. Key issues involved claims of fraud, breaches of lease, breaches of surface agreement, and rule against perpetuities.
• Prevailed in successful bench trial verdict in quantum meruit case. Handled appellate briefing where the verdict was upheld by the court of appeals. The Texas Supreme Court denied review.
• Involved in bench trial, including preparation and presentation of key witnesses, in a surface dispute between an operator and surface owner. Primary issues hinged on enforceability and/or severance of a pipeline burial covenant within a 1940s lease.
• Prevailed in successful arbitration, including preparation and presentation of key witnesses, where all amounts sought were awarded. Primary issues involved multiple breaches of contract and UCC warranties.
• Worked with multiple lawyers to prevail on summary judgment in New Mexico on behalf of national oil and gas companies regarding interpretation of the preferential right provision within a 1982 Model Form Joint Operating Agreement. Case settled while on appeal.
• Handled mandamus proceeding regarding discovery orders that led to an appellate opinion clarifying discovery standards regarding a party’s constructive possession of documents within a third-party’s control