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Volume IX, Issue 41

Oct. 15, 2026

 

Mieco, L.L.C. v. Pioneer Natural Resources USA, Inc., Case No. 25-11204 (5th Cir. 2026). 
A contractual force majeure provision excuses a natural gas seller’s nonperformance when a regional winter storm renders full performance impracticable, and the seller exercises due diligence through reasonable preparation and mitigation efforts.

 

Texas Capital Bank v. Government National Mortgage Ass’n & U.S. Department of Housing & Urban Development, Case No. 25-10624 (5th Cir. 2026). 
Ginnie Mae may, pursuant to its contract with a defaulting issuer and under 12 U.S.C. § 1721(g)(1), extinguish the issuer’s entire interest in pooled HECM mortgages, including unsecuritized tails and a lender’s derivative liens, without a separate contract with the lender.

 

Lexon Insurance Co. v. Justice, Case No. 25-6096 (6th Cir. 2026). 
An amended premium-payment agreement and related personal guaranty that defines “total Indebtedness” by reference to accruing late premiums unambiguously makes the debt dynamic, extends the agreement until full payment, and requires the guarantor to pay all covered premiums that become at least 60 days past due during that term.

 

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Author

Manny Farach

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