Court Upholds Jury Award for Tortious Interference with Contract for Participation in Foreign Coalbed Methane Project

摘要

The court in Carlton Energy Group, LLC v. Phillips, No. 01-09-00997-CV, 2012 WL 555980 (Tex. App.—Houston [1st Dist.] Feb. 14,2012, pet. filed), considered a judgment for Carlton Energy Group, LLC (Carlton) against Gene Phillips and corporations controlled by him (Phillips). The case arose from an agreement between the government of Bulgaria and CBM Energy Limited (CBM) permitting CBM to explore for coalbed methane gas on a large parcel of land in that country.CBM and Carlton entered into a letter agreement under which Carlton would provide funding for the project in three tranches totaling $8 million, for which Carlton would become entitled to a 48% interest in the project. The first required payment was $900,000. Carlton paid that amount to CBM, but a portion was furnished by an investor who purported to place restrictions on the payment. CBM objected to the restrictions, but Carlton presented evidence that it and CBM subsequently conducted themselves as if Carlton had satisfied its initial payment obligation. Id. at * 1-2.