law-accrual-of-cause-of-action | statute of limitations | tolling theories | discovery rule | fraudulent
concealment
Causes of action accrue when claimants are on notice of their injury and have the opportunity to seek a
judicial remedy. Provident Life & Accident Ins. Co. v. Knott, 128 S.W.3d 211, 221 (Tex. 2003). The claims
have a two-year statute of limitations. Irrespective of whether fraudulent concealment or the discovery
rule tolls any portion of an applicable limitations period, actual knowledge of the injury triggers the
accrual of the cause of action. The limitations period on the royalty owners’ breach of lease and waste
claims began to run September 1990 and ended September 1992, and the limitations period on Emerald’
s and the royalty owners’ negligence and tortious interference claims began to run June 1994 and ended
June 1996, when the royalty owners had actual knowledge of their claims. Thus, Emerald’s claims
brought in July 1996 and the royalty owners’ claims brought in September 1996 are time-barred. See
Tex. Civ. Prac. & Rem. Code § 16.003(a).
Exxon Corp. v. Miesch, No. 05-1076 (Tex. Mar. 27, 2009)(Wainwright)(plugging of oil well to prejudice
future production subsequent to dispute over royalties, false statement to Railroad Commission, fraud,
statute of limitations, oil and gas law,)