Select Page

Patrick S. Ottinger

Founder

Patrick S. Ottinger graduated from the University of Southwestern Louisiana with a Bachelor of Science degree in 1971. He attended the Paul M. Hebert Law Center, Louisiana State University, from which he graduated with a Juris Doctorate degree in December, 1973. He was a member of the Moot Court Board.

His professional practice has been concentrated in oil and gas (both onshore and offshore), and renewable energy projects, as well as corporate, banking and commercial matters, with emphasis on financial transactions, project financing, real estate, eminent domain, and mediation, arbitration and litigation in these areas.

Mr. Ottinger is frequently engaged as an expert witness or special consult­ant in areas within his practice area, particularly oil and gas issues in the upstream sector of the industry.

He is an experienced arbitrator and mediator in oil and gas matters, providing such services through The Patterson Resolution Group.  He is listed on the Energy Arbitrators List of the Institute for Energy Law, which is a directory of individuals with “substantial experience in the arbitration of energy disputes.”

Mr. Ottinger completed formal training through the Straus Institute for Dispute Resolution, Pepperdine University School of Law, presented at Woodstock, Vermont, in September, 2012, and the Boot Camp for Mediators – Surviving in the Trenches, presented at Nashville, Tennessee, in October, 2016.

Among other matters, he served as the neutral chair of an arbitration panel in Houston, Texas, a case concerning a dispute between parties to a gas pro­cessing agreement where the damages were alleged to be in the range of $250 million.  He also served as a co-mediator in a coal bed methane case in Birmingham, Alabama, where damages were alleged to be in the range of $300 million.

Mr. Ottinger is admitted to practice in all Federal Courts in Louisiana, and in the United States Court of Appeal, Fifth Circuit. Since 1986, he has been admitted to practice in the State of Texas in which state he also maintains both a transactional and litigation practice.


Professional or Institutional Service
From January 2004 through January 2011, he served as City-Parish Attorney for the Lafayette City-Parish Consolidated Government.  In that capacity, he served as the chief legal advisor to the City-Parish President, the Consolidated Council and all of the departments and agencies of government.  Having served seven years, he served in this position longer than any other person since the consolidation of governments.

For fifteen years, Mr. Ottinger was a Special Assistant Attorney General, representing the State of Louisiana in waterbottoms litigation.

He has served as a Special Master by appointment of the United States District Court in an oil and gas case concerning the purchase and sale of producing oil and gas properties.[1]

Mr. Ottinger is the Chair of the Advisory Council of the Institute on Mineral Law, Baton Rouge, Louisiana.  He has also served as Chair of the Section on Mineral Law of the Louisiana State Bar Association.

Mr. Ottinger is an Editor of the Institute for Energy Law e-reporter, a project of the Institute for Energy Law of The Center for American and International Law.

He serves on the Advisory Board for the John P. Laborde Energy Law Center at the Paul M. Hebert Law Center at Louisiana State University.

Mr. Ottinger was appointed by the President of the Louisiana State University to serve on the Dean Search Committee to identify, interview and select a candidate to serve as Dean of the Paul M. Hebert Law Center, Louisiana State University (2015-16).

Mr. Ottinger serves as the Reporter of the Mineral Law Committee and of the Louisiana Risk Fee Act Committee of the Louisiana State Law Institute, and is a member of the Institute’s Mineral Law – Unsolicited Offers Committee, the Counterletter Committee, the Prescription Committee, and the Tax Sales Committee.

Mr. Ottinger served as a Member, Justice System Funding Commission, appointed by Governor Mike Foster.

He participated as a Member of the Task Force on Judicial Independence, appointed by the President of the Louisiana State Bar Association.

He was a Member of the UCC Task Force on Oil and Gas Finance [listed in Harrell and Anderson, Report of the ABA UCC Committee Task Force on Oil and Gas Finance, 25 Tex. Tech L.Rev. 805, 832, fn. 82 (1994)].

[1]          J. B. Hanks Co., Inc. v. Shore Oil Co., 2014 WL 268689 (M.D. La. 2014) (unpublished).

Teaching
Mr. Ottinger is an Adjunct Professor of Law at the Paul M. Hebert Law Center, Louisiana State University, where, since 1996, he has taught the course in Mineral Rights, and an Oil and Gas Seminar entitled “Anatomy of an Oil and Gas Transaction.”
Local and State Bar Activities

Mr. Ottinger served as President of the Lafayette Parish Bar Association in 1992-93, and as a Member of the Board of Governors of the Louisiana State Bar Association.

Mr. Ottinger served as the President of the Louisiana State Bar Association during the years 1998-99.

He is a Fellow of the Louisiana Bar Foundation, and served on its Board of Directors from 2003-07.

He currently serves as a member of the Board of Directors of the Lafayette Bar Foundation.

Mr. Ottinger served as Chair of the Reading Committee in connection with the publication of the Louisiana Professional Responsibility Law and Practice (Dane S. Ciolino, Editor), a project initiated during Mr. Ottinger’s term as President of the Louisi­ana State Bar Association.

Awards and Recognitions

On May 24, 2011, Mr. Ottinger received the Friend of Pro Bono Award from the Louisiana State Bar Association in an award ceremony at the Louisiana Supreme Court.

Mr. Ottinger was recognized as a 2014 Distinguished Achievement Honoree by the LSU Paul M. Hebert Law Center on September 21, 2014, for “profes­sional achievement and career distinction, service to and support of LSU Law, and service to the community.”

On September 7, 2017, Mr. Ottinger was inducted into the Lafayette Bar Association’s Hall of Fame.

On June 7, 2018, he was awarded the Louisiana Bar Foundation’s 2018 Curtis R. Boisfontaine Trial Advocacy Award at the Annual Meeting of the Louisiana State Bar Association, awarded for “long-standing devotion to and excellence in trial practice,” and “upholding the standards of ethics and consideration for the courts, litigants and all counsel.”

Mr. Ottinger is ranked as a Band 1 Lawyer in Oil and Gas by Chambers and Partners for 2020, with this commentary:

The “superb” Patrick Ottinger has “a great practical perspective in the way he applies and argues oil and gas law,” reports an interviewee.  He is highly sought after for his expertise in mineral law and is considered to be “a strategic thinker” and “an impressive advocate.”

On March 31, 2022, Mr. Ottinger received the Distinguished Service Award from the Mineral Law Institute in recognition of his “dedication in teaching oil and gas law courses, his years of invaluable service to the Mineral Law Institute, and his wise counsel to LSU’s John P. Laborde Energy Law Center.”

Presentations

Difference Between Laws of Texas and Louisiana on Selected Issues of Interest to the Oil and Gas Practitioner delivered to Oil and Gas Section of Houston Bar Association, Houston, Texas, on March 27, 1990.

An Overview:  Differences Between Texas and Louisiana Laws delivered to 22nd Annual Technical Workshop of Houston Association of Petroleum Landmen, Houston, Texas, on February 21, 1991.

Drilling Contracts delivered to the 38th Institute on Mineral Law, Paul M. Hebert Law Center, Louisiana State University, Baton Rouge, Louisiana, on March 21, 1991.

A Primer on Executory Process delivered to Annual Summer School for Lawyers sponsored by Louisiana State Bar Association, Sandestin, Florida, on June 2, 1991.

Recent Developments Under Louisiana Law delivered to the National Association of Lease and Title Analysts in Denver, Colorado, on September 16, 1994.

Selected Issues Arising Under the Joint Operating Agree­ment delivered at the PLANO Oil and Gas Seminar, Beaver Creek, Colorado, on February 3, 1995.

Selected Issues Arising Under the Joint Operating Agree­ment delivered to the Mineral Law Section, Louisiana State Bar Association, Sandestin, Florida, on June 9, 1995.

Oil and Gas as Collateral delivered at seminar sponsored by National Business Institute, Baton Rouge, Louisiana, on November 3, 1995.

A Primer on the Mineral Servitude delivered to the 44th Institute on Mineral Law, Paul M. Hebert Law Center, Louisi­ana State University, Baton Rouge Louisiana, on March 20, 1997.

Principles of Contractual Interpretation presented at a seminar sponsored by Louisiana State Bar Association, New York City, New York, on November 12, 1998.

A Top Ten List:  One Lawyer’s View of the Most Important Decisions of the Louisiana Supreme Court on Oil and Gas Law delivered to the LAPL Fall Education Seminar, Lafayette, Louisiana, in October, 2001.

Conventional Unitization in Louisiana delivered to the 49th Institute on Mineral Law, Paul M. Hebert Law Center, Louisi­ana State University, Baton Rouge, Louisiana, on April 11, 2002.

A Primer on the Mineral Servitude delivered to the Annual Oil and Gas Seminar on October 5, 2002, in Dallas, Texas, sponsored by the Oil, Gas and Mineral Law Section of the State Bar of Texas.

Off the Beaten Path:  Ten Laws You Should Know Before You Buy That Lease delivered to the LAPL Fall Education Seminar, Lafayette, Louisiana, on October 25, 2002.

Unitization in Louisiana presented at Seminar in Professional Land and Resource Management, University of Louisiana – Lafayette, on April 2, 2003.

A Primer on Executive Rights and Interests delivered to the LAPL Fall Education Seminar, Lafayette, Louisiana, on October 24, 2003.

Production in “Paying Quantities” – A Fresh Look delivered to the 51st Institute on Mineral Law, Paul M. Hebert Law Center, Louisiana State University, Baton Rouge, Louisiana, on April 1, 2004.

A Primer on Executive Rights and Interests presented to the Gulf Coast Land Institute, Lafayette, Louisiana, on October 10, 2004.

When Time is Running Out:  How to Avoid Extinction of a Mineral Servitude delivered to the LAPL Spring Education Seminar, Lafayette, Louisiana, on May 6, 2005.

Common Problem Areas in the Examination of Mineral Titles delivered to the seminar entitled “Title Examinations in Louisiana,” sponsored by the Institute on Mineral Law, Paul M. Hebert Law Center, Louisiana State University, Baton Rouge, Louisiana, on October 27, 2006.

The Top Five Most Misunderstood Mineral Lease Provisions delivered to the LAPL Spring Education Seminar, Lafayette, Louisiana, on May 1, 2007.

After the Lessee Walks Away – The Rights and Obligations of the Unleased Mineral Owner in a Producing Unit delivered to the 55th Institute on Mineral Law, Paul M. Hebert Law Center, Louisiana State University, Baton Rouge, Louisiana, on March 27, 2008.

The Top Five Most Misunderstood Mineral Lease Provisions presented to the PLANO Seminar at the Ball Park, New Orleans, Louisiana, on April 24, 2008.

The Top Five Most Misunderstood Mineral Lease Provisions presented to the AAPL Gulf Coast Land Seminar, Lafayette, Louisiana, on October 17, 2008.

A Top Ten List:  One Lawyer’s View of the Most Important Decisions of the Louisiana Supreme Court on Oil and Gas Law presented at a seminar sponsored by Louisiana State Bar Association, New York City, New York, on November 20, 2009.

The Top Five Most Misunderstood Mineral Lease Provisions presented to the ArkLaTexAPL Educational Seminar, Shreveport, Louisiana, on February 11, 2011.

What’s in a Name?  Assignments and Subleases of Mineral Leases Under Louisiana Law delivered to the 58th Institute on Mineral Law, Paul M. Hebert Law Center, Louisiana State University, Baton Rouge, Louisiana, on March 25, 2011.

Recent Developments in Mineral Rights presented at the LSU Law Center Continuing Legal Education Recent Devel­opments in Legislation & Jurisprudence series of seminars, Fall 2011.

From the Courts to the Code:  The Birth and Development of the Law of Louisiana on Mineral Rights presented at the Spring Educational Seminar sponsored by the Louisiana Chapter of the National Association of Royalty Owners, in Lafayette, Louisiana, on March 27, 2012.

Recent Developments in Mineral Rights presented at the LSU Law Center Continuing Legal Education Recent Devel­opments in Legislation & Jurisprudence series of seminars, Fall 2012.

Workings of the Mineral Lease presented via a Webinar entitled “Mineral Law Issues for the Non-Oil and Gas Lawyer,” on June 13, 2013, sponsored by the Solo, Small Firm and General Practice Division, Section of Environ­mental, Energy and Resources, Young Lawyers Division, of the American Bar Association.

Odd Man Out — The Rights and Plights of the Unleased Mineral Owner presented at The First Annual Red Stick Symposium, sponsored by the Baton Rouge Association of Professional Landman, in Baton Rouge, Louisiana, on August 22, 2013.

Odd Man Out — The Rights and Plights of the Unleased Mineral Owner presented to the LAPL Fall Education Seminar, Lafayette, Louisiana, on October 18, 2013.

You Can Learn a Lot About Professionalism from YouTube presented to the Parish Attorneys’ Association of the Police Jury Association of Louisiana, in Baton Rouge, Louisiana, on February 27, 2014.

Why Does it Matter to Me?, presenting current jurisprudence of interest, at the Fall Meeting of the Louisiana Oil and Gas Association, Lafayette, Louisiana, on September 29, 2015.

Recent Developments in Alternative Dispute Resolution presented at the LSU Law Center Continuing Legal Educa­tion Recent Developments in Legislation & Jurisprudence series of seminars, Fall 2015.

It’s a Risky Business, but There’s an Act for That: The Louisiana Risk Fee Act delivered to the 63rd Institute on Mineral Law, Paul M. Hebert Law Center, Louisiana State University, Baton Rouge, Louisiana, on March 31, 2016.

Arbitration:  Why? Why Not?  And How? presented at a seminar sponsored by Louisiana State Bar Association, Las Vegas, Nevada, on September 14, 2016.

For Better or Worse, the Public’s Image of the Lawyer:  And Factors that Affect it, For Better or Worse presented at the 2016 Maritime Seminar sponsored by the Lafayette Bar Association, on September 23, 2016.

Hot Topics in Mineral Rights presented at the 2016 Energy and Environmental Law Summit, a seminar sponsored by Louisiana State Bar Association, New Orleans, Louisiana, on October 7, 2016.

Of Bear Paws, Burning Wells, Burnt Remains, and Bath Forms:  An Erratic Journey Through The Evolution of the Law of Louisiana on Mineral Leases, With Just a Few Detours presented at the Society of Petroleum Land Man­agement, University of Louisiana, Lafayette, on November 14, 2016.

Of Bear Paws, Burning Wells, Burnt Remains, and Bath Forms:  An Erratic Journey Through The Evolution of the Law of Louisiana on Mineral Leases, With Just a Few Detours presented to the ArkLaTexAPL Educational Seminar, Shreveport, Louisiana, on February 3, 2017.

Of Bear Paws, Burning Wells, Burnt Remains, and Bath Forms:  An Erratic Journey Through The Evolution of the Law of Louisiana on Mineral Leases, With Just a Few Detours presented at the Spring Educational Seminar sponsored by the Louisiana Chapter of the National Association of Royalty Owners, in Shreveport, Louisiana, on April 25, 2017.

A Primer on Executive Rights and Interests presented to the LAPL Spring Education Seminar, Lafayette, Louisiana, on April 27, 2017.

The Top Five Most Misunderstood Mineral Lease Provisions presented at the 2017 Energy and Environ­mental Law Summit, a seminar sponsored by Louisiana State Bar Association, New Orleans, Louisiana, on November 14, 2017.

A Dozen (or So) Oil and Gas Issues and Other Tidbits of Interest to the Real Estate Lawyer presented at the Lafayette Bar Association CLE by the Hour Program on December 15, 2017.

Is There a Future for Wind Energy in the Bayou State?  The Answer, My Friend, is Blowin’ in the Wind presented at a Symposium on Disruptive Technologies, sponsored by the LSU Journal of Energy Law and Resources, Baton Rouge, Louisiana, on February 23, 2018.

A Dozen (or So) Oil and Gas Issues and Other Tidbits of Interest to the Real Estate Lawyer presented at the Louisiana State Bar Association CLE in Charleston, South Carolina, on February 28, 2018.

Of Bear Paws, Burning Wells, Burnt Remains, and Bath Forms:  An Erratic Journey Through The Evolution of the Law of Louisiana on Mineral Leases, With Just a Few Detours presented to the LAPL Spring Education Seminar, Lafayette, Louisiana, on April 26, 2018.

Hot Topics in Mineral Rights presented at the 2018 Summer School for Lawyers and Judges, a seminar sponsored jointly by Louisiana State Bar Association and the Louisiana Judicial College at Destin, Florida, on June 6, 2018.

Of Bear Paws, Burning Wells, Burnt Remains, and Bath Forms:  An Erratic Journey Through The Evolution of the Law of Louisiana on Mineral Leases, With Just a Few Detours presented to the Duhe American Inn of Court, Lafayette, Louisiana, on November 29, 2018.

Current Issues Under the Louisiana Law of Oil and Gas presented at the 31st Annual Energy Institute for Attorneys and Landmen, Harry L. Reed Oil & Gas Law Institute, a seminar sponsored by South Texas College of Law Houston, Houston, Texas, on August 29, 2018.

A Funny Thing Happened at the Wellhead:  “Post-production Costs,” and Responsibility Therefor presented at the 2018 Energy and Environmental Law Summit, a seminar sponsored by Louisiana State Bar Association, New Orleans, Louisiana, on November 16, 2018.

All’s Well That Ends Well: The Gloria’s Ranch Decision and its Impact on Credit Documentation, presented at the 2018 LBA Bank Counsel Conference, a seminar sponsored by Louisiana Bankers Association, New Orleans, Louisiana, on December 6, 2018.

A Funny Thing Happened at the Wellhead:  “Post-production Costs, and Responsibility Therefor presented to the ArkLaTexAPL Educational Seminar, Shreveport, Louisiana, on February 22, 2019.

The ABC’s of PPC’s:  An Examination of the Law of “Post-production Costs” delivered to the LAPL Spring Education Seminar, Lafayette, Louisiana, on April 25, 2019.

A Dozen (or So) Oil and Gas Issues and Other Tidbits of Interest to the Real Estate Paralegal presented at the Louisiana State Paralegal Association CLE Program in Lafayette, Louisiana, on September 20, 2019.

Current Issues Under the Louisiana Law of Oil and Gas presented to the Energy Law Section of the Dallas Bar Association, Dallas, Texas, on October 17, 2019.

Of Bear Paws, Burning Wells, Burnt Remains, and Bath Forms:  An Erratic Journey Through The Evolution of the Law of Louisiana on Mineral Leases, With Just a Few Detours presented to the CLE program of the Shreveport Bar Association, Bossier City, Louisiana, on October 18, 2019.

Current Issues Under the Louisiana Law of Oil and Gas presented to Oil and Gas Law Section of the Austin Bar Association, Austin, Texas, on November 13, 2019.

A Dozen (or So) Oil and Gas Issues and Other Tidbits of Interest to the Real Estate Lawyer presented at the Lafayette Bar Association CLE by the Hour Program on December 10, 2019.

A Top Ten List, With Some Lagniappe:  One Lawyer’s View of the Most Important Decisions of the Louisiana Supreme Court in Oil and Gas Law presented (virtually) at the 2020 Energy and Environmental Law Summit, a seminar sponsored by Louisiana State Bar Association, New Orleans, Louisiana, on November 6, 2020.

Secured Interests in Louisiana Mineral Rights, presented (virtually) at the Louisiana Bankers Association, Bank Counsel Conference, on December 10, 2020.

Mineral Lease Issues presented at a Symposium on Pollution Solutions:  Carbon Capture and Sequestration, sponsored by the LSU Journal of Energy Law and Resources, Baton Rouge, Louisiana, on February 5, 2021.

A Top Ten List, With Some Lagniappe:  One Lawyer’s View of the Most Important Decisions of the Louisiana Supreme Court in Oil and Gas Law delivered to the ALTAPL Educational Seminar, Shreveport, Louisiana, on February 26, 2021. 

Current Issues Under the Louisiana Law of Oil and Gas presented virtually to the Austin Professional Landmen’s Association, Austin, Texas, on April 14, 2021.

The “Granting Clause” of a Mineral Lease:  What Do You Mean I Can’t Do That?, delivered to the 68th Institute on Mineral Law, Paul M. Hebert Law Center, Louisiana State University, Baton Rouge, Louisiana, on April 16, 2021.

Production in “Paying Quantities” in These Challenging Days:  How Much Financial Stress Can Your Lease Withstand?, delivered virtually to the 67th Annual Institute of the Rocky Mountain Mineral Law Foundation, on July 20, 2021. 

Oil and Gas Update presented to the Recent Developments by the Judiciary CLE of the Shreveport Bar Association, Bossier City, Louisiana, on September 15, 2021. 

Don’t Blame Me –– I Have Been Exculpated:   “Exculpatory Clauses” in Operating Agreements presented at the 20th Annual Energy Litigation Conference sponsored by the Institute on Energy Law of the Center for American and International Law, Houston, Texas, on November 3, 2021. 

All Good Things Must Come to an End:   The Launch, Life and Loss of a Mineral Servitude, delivered to the ALTAPL Educational Seminar, Shreveport, Louisiana, on February 25, 2022. 

Prices Go Up, Prices Go Down:   The Effect of Volatile Market Conditions on a Production in “Paying Quantities” Analysis, delivered to the 69th Institute on Mineral Law, Paul M. Hebert Law Center, Louisiana State University, Baton Rouge, Louisiana, on March 31, 2022. 

Of Bear Paws, Burning Wells, Burnt Remains, and Bath Forms:   An Erratic Journey Through The Evolution of the Law of Louisiana on Mineral Leases, With Just a Few Detours presented at the Annual Banquet of the Journal of Energy Law & Resources, Baton Rouge, Louisiana, on March 31, 2022. 

A Top Ten List, With Some Lagniappe:   One Lawyer’s View of the Most Important Decisions of the Louisiana Supreme Court in Oil and Gas Law delivered to the AAPL Gulf Coast Land Institute, Lafayette, Louisiana, on April 1, 2022. 

A Primer on Executive Rights and Interests presented (virtually) at the 2022 Energy and Environmental Law Summit, a seminar sponsored by Louisiana State Bar Association, on April 6, 2022. 

The Very Basics of Carbon Capture, Utilization and Storage, presented to the Lafayette Association of Professional Landmen, on September 16, 2022. 

All Good Things Must Come to an End: The Launch, Life and Loss of a Mineral Servitude, presented at the Energy and Environmental Law Summit, a seminar sponsored by Louisiana State Bar Association, New Orleans, Louisiana, on November 15, 2022. 

Publications

The Enforcement of Real Mortgages by Executory Process, 51 La. L. Rev. 87 (September 1990). Download this article here

Drilling Contracts, 38 Ann. Inst. on Min. Law 99 (1991).

A Primer on the Mineral Servitude, 44 Ann. Inst. on Min. Law 68 (1997). Download this article here

Principles of Contractual Interpretation, 60 La. L. Rev. 765 (Spring 2000). Download this article here

Conventional Unitization in Louisiana, 49 Ann. Inst. on Min. Law 21 (2002).  Also published in the Section Report for the Oil, Gas and Mineral Law Section of the State Bar of Texas, Vol. 26, No. 4, p. 56 (June 2002).

Production in “Paying Quantities” – A Fresh Look, 51 Ann. Inst. on Min. Law 24 (2004).  Also published at 65 La. L. Rev. 635 (Winter 2005). Download this article here

After the Lessee Walks Away – The Rights and Obligations of the Unleased Mineral Owner in a Producing Unit, 55 Ann. Inst. on Min. Law 59 (2008). Download this article here

Neither Fish Nor Fowl:  The Louisiana Law of Shut-in Gas Wells, 69 La. L. Rev. 43 (Fall 2008). Download this article here

What’s in a Name?  Assignments and Subleases of Mineral Leases Under Louisiana Law, 58 Ann. Inst. on Min. Law 283 (2011).  Download this article here

A Course Book on Louisiana Mineral Rights (12th Rev. Ed., August 2011).

Louisiana Mineral Law Treatise (Claitor’s 2012), a project of the Institute on Mineral Law, Baton Rouge, Louisiana.  The chapters contributed by Mr. Ottinger pertain to mineral servitudes and mineral royalties.

Be Careful What You Ask For:  Subsequent Operations Under the Model Form Operating Agreement, in Center for American and International Law, Sixty-third Annual Institute on Oil and Gas Law, Ch. 7 (LexisNexis Matthew Bender 2012). Download this article here

From the Courts to the Code:  The Origin and Development of the Law of Louisiana on Mineral Rights, 1 LSU Journal of Energy Law and Resources 5 (Fall 2012). Download this article here

Oil in the Family — Obtaining the Requisite Consent to Conduct Operations on Co-Owned Land or Mineral Servi­tudes, 73 La. L. Rev. 745 (Spring 2013). Download this article here

Closing the Deal in the Bayou State:  The Purchase and Sale of Producing Oil and Gas Properties, 76 La. L. Rev. 691 (Spring 2016). Download this article here

Louisiana Mineral Leases:  A Treatise, published by Claitor’s Law Books & Publishing Division, Inc., June 2016.  As described by Professor Emeritus Patrick H. Martin, in the Foreword to the Treatise, “[f]or any person, company, law firm or court dealing with Louisiana lease law, this Treatise is the indispensable and authoritative treatment of the subject.  I am sure it will remain so for years to come.” To read a review of the Treatise, click here. For more information on the Treatise, and to order a copy, please click here.

Calculating the Lessor’s Royalty Payment:  Much More Than Mere Math, 6 LSU Journal of Energy Law and Resources 1 (Fall 2017)Download this article here

A Dozen (or So) Oil and Gas Issues and Other Tidbits of Interest to the Real Estate Lawyer presented at the Lafayette Bar Association CLE by the Hour Program on December 15, 2017.  Also presented at the Louisiana State Bar Association CLE in Charleston, South Carolina, on February 28, 2018. Download this article here

Is There a Future for Wind Energy in the Bayou State?  The Answer, My Friend, is Blowin’ in the Wind presented at a Symposium on Disruptive Technologies, sponsored by the LSU Journal of Energy Law and Resources, Baton Rouge, Louisiana, on February 23, 2018. Download this article here

Where in the World is the Owner of a Mineral Lease Consid­ered to be the Owner of an “Unleased” Interest?, 2 Oil & Gas E-Report 4 (June 2018). Download this article here

Current Issues Under the Louisiana Law of Oil and Gas, 59 So. Tex. L. Rev. 377 (Fall 2018). Download this article here.

Liability of Mortgagee-Bank For Faults of Its Mortgagor-Borrower, 3 Oil & Gas E-Report 18 (October 2018). Download this article here

All’s Well That Ends Well: The Gloria’s Ranch Decision and its Impact on Credit Documentation, presented at the 2018 LBA Bank Counsel Conference, a seminar sponsored by Louisiana Bankers Association, New Orleans, Louisiana, on December 6, 2018. Download this article here

A Funny Thing Happened at the Wellhead:  “Post-production Costs” and Responsibility Therefor, 8 LSU Journal of Energy Law and Resources 1 (Fall 2019). Download this article here

Permission Granted:  The Requirement of Consent Under the Louisiana Mineral Code, 80 La. L. Rev. 1287 (Summer 2020). Download this article here

Maintaining “Two Sets of Books” in a Production in “Paying Quantities” Case:  Nefarious or Necessary?, 9 LSU Journal of Energy Law and Resources 435 (Spring 2021). Download this article here

All Good Things Must Come to an End:  The Launch, Life and Loss of a Mineral Servitude, 81 La. L. Rev. 1130 (Summer 2021). Download this article here

Don’t Blame Me –– I Have Been Exculpated:   “Exculpatory Clauses” in Operating Agreements presented at the 20th Annual Energy Litigation Conference sponsored by the Institute on Energy Law of the Center for American and International Law, Houston, Texas, on November 3, 2021. Download this article here

Secured Interests in Louisiana Mineral Rights, 82 La. L. Rev. 1002 (Summer 2022). Download this article here

A Title Examiner’s Lament: Creation of an Imprescriptible Mineral Servitude in a Conventional Acquisition of Land by a Non-Governmental “Acquiring Authority”, 10 LSU Journal of Energy Law and Resources 314 (Summer 2022). Download this article here

“According to the Circumstances:” The Doctrine of Judicial Control as Applied to the Mineral Lease, 11 LSU Journal of Energy Law and Resources 379 (Spring 2023). Download this article here

Demystifying Louisiana Revised Statutes § 30:10, 83 La. L.Rev. 1221 (Summer 2023). Download this article here

Reported Decisions
Court Cases as Advocate

Reported decisions in which Mr. Ottinger served as counsel for a litigant include the following cases, to-wit:

Bernard v. Marathon Oil Co., 381 So.2d 1286 (La.App. 3rd Cir.), writ denied 384 So.2d 793 (La. 1980)

Hobbs v. Central Equip. Rentals, Inc., 382 So.2d 238 (La.App. 3rd Cir.), writ den’d 385 So.2d 785 (La. 1980)

Clement v. Marion Corp., 398 So.2d 130 (La.App. 3rd Cir. 1981)

Guy Scroggins, Inc. v. Emerald Exploration, 401 So.2d 680 (La.App. 3rd Cir.), writ den’d 404 So.2d 1257 (La. 1981)

Trinidad Petroleum Corp. v. Pioneer Natural Gas Co., 416 So.2d 290 (La.App. 3rd Cir.), writ den’d 422 So.2d 154 (La. 1982)

The Chitimacha Tribe of La. v.Harry L. Laws Co., Inc., 690 F.2d 1157 (5th Cir. 1982)

Chevron U.S.A. Inc. v. Martin Exploration Co., 447 So.2d 469 (La. 1984)

Bailey v. Franks Petroleum Inc.,479 So.2d 563 (La.App. 1st Cir. 1985)

Jardell v. Hillin Oil Co., 485 So.2d 919 (La. 1986)

Pogo Producing Co. v. Sea Robin Pipeline Co., 493 So.2d 909 (La.App. 3rd Cir.), writ den’d 497 So.2d 310 (La. 1986)

Justiss Oil Co., Inc. v. Samedan Oil Corp., 915 F.2d 693 (Table) (5th Cir. 1990), affirming Civil Action No. CA 88-3193, United States District Court, Eastern District of Louisiana (1989) (unpublished)

Petrocana, Inc. v. William H. Kenny Consultants, Ltd., 595 So.2d 384 (La.App. 3rd Cir. 1992)

Acadia Holiness Association v. IMC Corp.,616 So.2d 855 (La.App. 3rd Cir.), writ den’d 620 So.2d 842 (La. 1993)

Lege v. Lea Exploration, Inc., 93-605 (La.App. 3rd Cir. 2/2/94); 631 So.2d 716, writ den’d 94-0450 (La. 4/4/94); 635 So.2d 1112

Eads Operating Co., Inc. v. Thompson, Commissioner of Conservation, 93-2155 (La.App. 1st Cir. 10/7/94); 646 So.2d 948, writ den’d 95-0226 (La. 4/7/95); 652 So.2d 1345

In the Matter of Landfinders, Inc., 132 F.3d 1454 (5th Cir. 1997)

Union Pacific Resources Co. v. Smith, 200 F.3d 816 (5th Cir. 1999)

Elizabeth W. Naquin and Matthew B. Eastin, Each Individu­ally, and on Behalf of All Others Similarly Situated v. Lafayette City-Parish Consolidated Government, the City of Lafayette and Lafayette Public Utilities Authority, 2006-2227 (La. 2/22/07); 950 So.2d 657

Chevron U.S.A. Inc. v. State of La., 2007-2469 (La. 9/8/08); 993 So.2d 187

Indigo Minerals, LLC v. Pardee Minerals, LLC, 45,160 (La.App. 2nd Cir. 5/28/10); 37 So.3d 1122, writ den’d 2010-1669, 2010-1677 (La. 10/8/10); 46 So.3d 1274

EOG Resources, Inc. v. Chesapeake Energy Corp., 605 F.3d 260 (5th Cir. 2010)

Walker v. Chesapeake La., L.P., 440 Fed.Appx. 254 (5th Cir. 2011)

Adams v. Chesapeake Operating Inc., 11-01504 (W.D. La. 12/20/11); 2011 WL 6370512, affirmed 2014 WL 1303394 (5th Cir. 2014)

Middleton v. EP Energy E & P Co., L.P., 50,300 (La.App. 2nd Cir. 2/3/16); 188 So.3d 263, writ den’d 2016-0778 (La. 6/17/16); 192 So.3d 774

J. Fleet Oil & Gas Corp., L.L.C. v. Chesapeake Louisiana, L.P., 15-2461 (W.D. La. 3/22/18); 2018 WL 1463529

 

Court Cases Representing Amicus Curiae:

Reported decisions in which Mr. Ottinger served as counsel for Amicus Curiae include the following cases, to-wit:

Holly & Smith Architects, Inc. v. St. Helena Congregate Facility Inc., 06-05282 (La. 11/29/06); 943 So.2d 1037 (representing Lafayette City-Parish Consolidated Gov­ernment as Amicus Curiae)

Clovelly Oil Co. LLC v. Midstates Petroleum Co. LLC, 2012-2055 (La. 3/19/13); 112 So.3d 187 (representing Louisi­ana Oil and Gas Association and Louisiana Mid-Conti­nent Oil and Gas Association as Amici Curiae)

Total E&P USA, Inc., v. Kerr-McGee Oil and Gas Corp., 719 F.3d 424 (5th Cir. 2013) (representing 26 individuals as Amici Curiae)

Gatti v. State of Louisiana, Through the Office of Conserva­tion, and James H. Welsh, Commissioner of Conserva­tion, 2014-0863 (La. 8/25/14); 146 So.3d 196 (repre­senting Louisiana Association of Business and Industry and Louisiana Chemical Association as Amici Curiae)

McCarthy v. Evolution Petroleum Corp., 2014-2607 (La. 10/14/15); 180 So.3d 252 (representing Louisiana Oil and Gas Association and Louisiana Mid-Continent Oil and Gas Association as Amici Curiae)

Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr-McGee Rocky Mountain, LLC, 2014-2592 (La. 12/8/15); 193 So.3d 1110, reversing 2013-1374 (La.App. 3rd Cir. 10/1/14); 149 So.3d 280 (representing Warren A. Fleet and Philip N. Asprodites, former Com­missioners of Conservation, as Amici Curiae)

Gloria’s Ranch v. Tauren Exploration, Inc., 2017-C-1518 (La. 6/27/18); 252 So.3d 431, reversing 51,077 (La.App. 2nd Cir. 6/2/17); 223 So.3d 1202 (representing American Bankers Association and Texas Bankers Association as Amici Curiae)

Citrus Realty, LLC v. Parker, 2018-CA-0516, Fourth Circuit, Court of Appeal (representing Louisiana Landowners Association as Amicus Curiae)