1. This site is protected by reCAPTCHA and the Google, Oklahoma Court of Civil Appeals Decisions. We'll keep you advised. 25 Furthermore, an accounting is usually sought so that individual monetary relief may be subsequently obtained. STRACK v. CONTINENTAL RESOURCES, INC.2017 OK CIV APP 53Case Number: 114102Decided: 02/08/2017Mandate Issued: 10/27/2017DIVISION IITHE COURT OF CIVIL APPEALS OF THE STATE OF OKLAHOMA, DIVISION II. Documents say Continental is suing Blaine M. Dyer, who Perpetual shares office space with, over an unrelated matter. Each of the types of royalty provisions will require a different inquiry to determine a Class Members' claim for underpayment of oil or gas royalties. at 361-62. Wolla had sent electronic billing to Continentals Oklahoma City headquarters and Continental tried to argue the alleged overbilling fell under the states Consumer Protection Act. All quotes delayed a minimum of 15 minutes. Newberg on Class Action 4:38. 9 An order certifying a class action pursuant to 12 O.S.2011 and Supp. Continental's suit accused Dyer and Biggs of breach of fiduciary duty, fraud and misappropriation of trade secrets and business information, among other torts, and said the company lost at least $5 million. if(window.innerWidth <= 1023){ Continental Resources is a ruthless company, and we can't just take their word for granted. Certification of Hybrid Class Actions, 7AA Fed. Patrick is the founder, editor and publisher of The Lost Ogle. Courts have also used issue certification to certify only certain issues found common to the class. 22 We further find 2023(B)(1)(b) to be inapplicable. In addition, there is no categorical rule with respect to when post-production costs may be considered for royalty valuation. 27, 41 (D.D.C. In a lawsuit it filed on April 20, 2020, Continental Resources accused Dyer and numerous co-conspirators of working with at least one of its employees to cheat the Nmeck Kirschau, kde naleznete termln bazn se slanou vodou, saunou, solnou jeskyn a aromatherapy, to ve ji za 10 Euro na den. herculoids gloop and By: Jack Money The Oklahoman A guilty plea in federal court submitted by a former Continental Resources employee is related to acivil suit filed in Oklahoma County District Court by the oil and gas company against Oklahoma City attorney Blaine Dyer and numerous other defendants. Accordingly, the trial court erred in granting certification under 2023(B)(1)(b). According to the lawsuit filed on April 15, the two companies struck the agreement on March 6. 31 The question of where and when particular gas is marketable is not settled in Oklahoma. 2015 2023(B)(3). A. Earlier this month, Continentalsaidit plans to cut its April and May production by around 30 percent. Id. 34 With respect to the requested declaratory relief, the Court finds the 48 "legal-based interpretations and equitable issues" merely request the court to define or even opine on the meaning, nature, or intent of statutes or common law, without addressing Continental, a Class Member, or Continental's behavior to a specific Class Member. 1998). Adam Aguilar made the lawsuit! 2013, 2023(B)(1) and/or (B)(2) and 2023(C)(6)(a).4 More specifically, Plaintiffs sought certification with respect to approximately 48 legal issues, namely: Plaintiffs further requested "Injunctive and/or Mandamus Relief," requiring Continental to account to royalty owners for all production and proceeds attributable to the wells. 4 On January 12, 2015, Plaintiffs filed an amended motion to certify, seeking a hybrid, issue class action under 12 O.S.2011 and Supp. Ndhern podstvkov domy jsou k vidn na mnoha mstech. A small privately held oil and gas company from Tulsa, Oklahoma, is suing Continental Resources over a deal from which Continental withdrew after oil prices plunged in early March, Reutersreportedon Tuesday, citing a lawsuit filed with the Tulsa County District Court. 1784.1 (3d ed.). Kerry W. Caywood, Angela C. Jones, PARK, NELSON, CAYWOOD, JONES, LLP, for Plaintiffs/Appellees Here are the allegations that Continental outlined in a revised petition filed on May 22nd in Oklahoma County District Court. However, as noted by the trial court in its June 11, 2015, order, a hybrid class action may also occur when a court "bifurcate[s] the litigation into liability and damage phases and then typically begin[s] by determining the defendant's liability; in so doing, courts may certify a (b)(2) class for the liability phase or determine liability using issue certification under Rule 23(c)(4). Continental Resources claims Dyer and his colleagues used Continental Resources information to acquire large blocks of mineral rights it expected the company would seek to buy before drilling those lands, then sold those to Continental at much higher values than what they had paid. Masquat v. DaimlerChrysler Corp., 2008 OK 67, 10, 195 P.3d 48, 52- -53 (citing Harvell, 2006 OK 24, at 11, 164 P.3d at 1032). latest-news-headlines Biggs has not yet been sentenced, but he faces a maximum of five years of imprisonment or a fine of $250,000, or both, plus a term of supervised release that could last up to two years. 38 REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. You can also receive an offer to lease or buy your minerals. Prac. It then terminated the agreement on March 24. As a result, each Class Member would necessarily be entitled to a different and separate accounting. Id. The trial court certified the case under 2023(B)(2) & (B)(3). 5 Oklahoma's class action scheme closely parallels Rule 23 of the Federal Rules of Civil Procedure. Owner's share of the total value of sales attributed to such payment prior to any deductions; Defendant (s) Continental Resources Inc Law (s) Fair Labor Standards Act State (s) Oklahoma New to 7. The materials provided on this Web site are for informational and educational purposes only and are not intended to provide tax, legal, or investment advice. 2023 www.oklahoman.com. Casillas could not immediately be reached for comment on the suit, filed on April 15, which asks the court to order Continental to complete the purchase and pay Casillas attorneys fees and other costs. 29 Additionally, the record provides there are more than 1,100 class wells located in over 35 counties in Oklahoma and that Continental sold production under more than 190 different gas purchase contracts over a period going back to 1993. Individuals should consider whether they can afford the risks associated to trading. Inc., 196 F.R.D. Lease or well identification; Plaintiffs' amended petition alleges eleven counts, of which ten seek monetary damages. 2013) (citing Wood v. TXO Prod. Your California Privacy Rights / Privacy Policy. 3 Plaintiffs filed a petition as a putative class against Continental on November 4, 2010. Rather, "the Oklahoma Supreme Court subscribes to the modern view that a court may consider the merits [but only] insofar as they inform what individual issues might be a part of the adjudicatory process." 473 S State St # 405, Provo, UT 84606-7102. Over the weekend, we received multiple alerts via The Ogle Mole Network informing us that Robert "Spaulding" Hefner the Whatever'ith is the latest Junior Oil Overlord to be sued by House Hamm & Continental Resources for allegedly conspiring to steal the company's oil and gas secrets. Well, he's not. Hallaba v. Worldcom Network Servs. While an "accounting," in a broad sense, could impact the entire class as a whole, in reality, each Class Member is entitled to a different, highly individualized accounting with respect to their claims, i.e., whether Continental made improper deductions, made insufficient reporting on a Class Member's check stub, failed to receive the best price, or failed to pay royalties on all oil and/or gas, and if so, the extent to which a Class Member is entitled to relief. Back on April 20th, when you were hopefully stoned out of your mind, Continental Resources quietly filed a lawsuit against one of their former attorneys Blaine Dyer; a former landman for the company Justin Biggs; and about 48 other people, LLCs, local musicians, etc., from Oklahoma and Texas alleging they all worked together to cheat the company out of $5 million via what one Ogle Mole called one of "the oldest / dirtiest tricks in the oil and gas or title attorney book.". Seznam krytch, venkovnch bazn nebo lzn. Napklad ndhern prosted v Nrodnm parku esk vcarsko. Seznam rozhleden v okol luknovskho vbku v esk republice a v Nmecku. Heres how the newspaper reported the story: But Continental got cold feet and proposed to postpone the closing due to changes in the oil and gas markets, and then terminated the agreement on March 24 citing title and other problems, the lawsuit alleged. Total barrels or MCF attributed to such payment; Seznam skal v okol urench k horolezectv. The U.S. Supreme Court held that back-pay claims could not be certified with claims for injunctive and declaratory relief under (b)(2), either on the grounds that the injunctive claims predominated or that back-pay was equitable in nature. Could Gravity Batteries Win The Energy Storage War? Ball v. Wilshire Ins. 1994); 1 McLaughlin on Class Actions 4:43 (13th ed.). However, it dismissed him as a defendant in that case on Dec. 9, 2020. The June 11, 2015, order is therefore reversed and the matter is remanded to the trial court for further proceedings consistent with this opinion. Please, Alberta Eyes Massive Budget Surplus Thanks To High Oil Prices, U.S. Crude Oil Inventories Continue To Build, Russias Oil Exports Still Strong Despite Sanctions, Russian Oil And Gas Project Misses Output Targets After Exxon Exit, Mexicos Oil Major Has A Flaring Problem, Gazprom Neft: Russian Oil Output Cut Will Help Balance The Market, BPs CEO Warns Of Oil And Gas Price Spikes If Energy Transition Is Rushed, House Republicans Look To Block ESG Investing In Retirement Plans, Chevron Hikes Annual Share Buyback Target To $17.5 Billion, BP To Stop Publishing Statistical Review Of World Energy After 71 Years, Shale CEO Highlights What Argentinas Oil Industry Needs To Flourish, Japan Steps Up Efforts To Build Nuclear Fusion Reactor, U.S. Natural Gas Futures Hit One-Month High, UK Households Brace For Higher Energy Bills In April, Kazakhstan Enters New Era Amid Strong Demand For Its Commodities, Rio Tinto Signs Iron Deal With One Of Chinas Top Steelmakers, Mexico's Oil Giant Reports Staggering Losses, U.S. The following information for each property and month of sale shall be included with each payment made to an interest owner from the sale of oil or gas: A local oil and gas company is suing several parties, including Continental Resources, over interactions and activities they say are 'reminiscent of Watergate.' A local oil and gas company is suing several parties, including Continental Resources, over interactions and activities they say are 'reminiscent of Watergate.' The Oklahoma Supreme Court has found Rule 23 to be illustrative. 938, 940 (10th Cir. The suit alleged that Dyer, who had been retained to provide title opinions, disclosed the proprietary information to entities owned by his friends and family members, who then purchased or leased the minerals. See Homesales, 2014 OK 88, at 12, 339 P.3d at 884 (damage claims must be brought pursuant to 2023(B)(3)). The case is Casillas Petroleum Resource Partners v Continental Resources, Tulsa County Oklahoma district court, No. 2006); In re Copley Pharm., Inc., 158 F.R.D. Objednnm ubytovn ve Starm mlnu v Roanech udluje klient souhlas se zpracovnm osobnch daj poskytnutch za elem ubytovn dle "Prohlen" uveejnnho zde, v souladu s NAZENM EVROPSKHO PARLAMENTU A RADY (EU) 2016/679 ze dne 27. dubna 2016, lnek 6 (1) a). However, the identified issues request the court issue multiple advisory opinions setting forth the legal framework for subsequent determinations of liability and potential damages. Finally, Continental contended Plaintiffs were seeking a constitutional end-run around recent developments in class action law, noting royalty owners' rights turned on the specific language in their leases and the unique facts applicable to their specific oil and gas wells. The court further held it had the duty to determine the law applicable to the case. Accordingly, based on our review of the record and applicable law, Plaintiffs have not shown they are entitled to the requested accounting under the PRSA. 564 U.S. at 360 (refusing certification of equitable backpay claims). The trial court found Plaintiffs' accounting claim was an independent and severable statutory claim that could be considered by the court for injunctive or mandamus relief as a 2023(B)(1) and (B)(2) class. A small privately held oil and gas company from Tulsa, Oklahoma, is suing Continental Resources over a deal from which Continental withdrew after oil prices Stay with The Lost Ogle. According to federal court documents, Biggstestified in a plea petition thathe had worked for Continental Resources as a landman from March 2011 throughMarch 2020. In addition, Plaintiffs acknowledged in their amended motion to certify that the requested issue certification was a prelude to a potential 2023(B)(3) monetary damages claim certification. Continental on Thursday declined to make any additional statements about particulars pertaining to the case. Supp. Any trading and execution of orders mentioned on this website is carried out by and through OPCMarkets. Thus, certification was improper. Trading and investing carries a high risk of losing money rapidly due to leverage. Continental further argued Plaintiffs were seeking 48 advisory opinions on issues that did not resolve the underlying claims, on issues unrelated to numerous prospective class members, and on the meaning and intent of statutes or common law without addressing specific conduct in the case. Eng'rs, 216 F.3d 577 (7th Cir.2000); Bynum v. D.C., 214 F.R.D. Harvell, 2006 OK 24, at 27, 164 P.3d at 1038. Tex. Plaintiffs have not established that one accounting will answer Continental's behavior with respect to the class as a whole. Plaintiffs requested the court first resolve the applicable law, thereby assisting in the advancement and resolution of the action. Prosted je vhodn tak pro cyklisty, protoe leme pmo na cyklostezce, kter tvo st dlkov cyklotrasy z Rje na Kokonsku do Nmecka. Continental Resources quietly filed a lawsuit. Today's non-award-winning Lost Ogle conduct is presented by HOOT Industries The Smartest Fun in Town! 6 52 O.S.2011, 570.12 provides: Perpetual, a company that acquires minerals, royalties, non-operated working interests, and leasehold in targeted basins across the United States, filed the latest lawsuit in Oklahoma County District Court. I'm not a trust fund kid with a legacy last name, but something tells me Continental's lawyers feel the same way, especially since they have text message transcripts between Spaulding and his alleged coconspirators that give some credence to their claims: You can view the entire lawsuit over at OSCN. Perpetual was merely an innocent bystander 7 In Harvell, 2006 OK 24, at 26, 164 P.3d at 1038, the plaintiffs filed a class action lawsuit against Goodyear Tire and Rubber Co., seeking certification of a national class action of consumers from 37 states who had paid Goodyear a shop supply fee from 1998. The focus is on the location of the offending conduct, and such conduct must occur in this state., The justices went on to declare,Conduct which creates a violation of the OCPA must occur within this state in order for the OCPA to be applicable. 30 Finally, under Oklahoma law, lessees have an implied duty of marketability, i.e., the lessee must bear the full cost of any services required to put gas in a marketable condition, except where a lease expressly allows deductions for the costs. This Court does not issue advisory opinions or answer hypothetical questions. In addressing 2023(B)(2), the Court found Rule 23(b)(2) to be illustrative, stating: Id. That being said, let's give these people the benefit of the doubt. 1 Continental Resources, Inc. (Continental), appeals a June 11, 2015, order granting Billy J. Strack, Trustee of the Patricia Ann Strack Revocable Trust DTD 2/15/99 and the Billy Joe Strack Revocable Trust DTD 2/15/99, and Daniela A. Renner's, Sole Successor Trustee of the Paul Ariola Living Trust and the Hazel Ariola Living Trust (collectively "Plaintiffs"), amended motion for class action certification. I concur and write specially to add that this Opinion does not foreclose consideration of forming a class utilizing the provisions of 12 O.S. Po odsunu pvodnch majitel stdav chtral a do roku 2002, kdy jsme zaali s rekonstrukc. Continental contended a 2023(B)(2) class was inappropriate because Plaintiffs were seeking primarily monetary damages, citing Harvell v. Goodyear Tire and Rubber Co., 2006 OK 24, 164 P.3d 1028. Lawyer agrees to loss amount of $3.5 million. 6 Continental responded, objecting to Plaintiffs' request, noting no Oklahoma court had ever certified a hybrid, or issue class. Founder Harold Hamm, an early supporter of U.S. President Donald Trump, has urged Washington to impose tariffs on foreign oil imports and pushed for federal support of the oil industry. The Oklahoma Supreme Court ruled against Continental Resources Inc. this week in a lawsuit in which the Oklahoma City-based oil and gas company alleged it had been overbilled $2.4 million by a North Dakota oilfield company. Mittelstaedt, 1998 OK 7, at 2, 19-20, 954 P.2d at 23 (emphasis added). Case Information Case Number: 6:22-CV-00208 Case Status: Pending Filing Date: 07/19/2022 Jurisdiction: U.s. District Court According to the plaintiffs, Casillas Petroleum, Continental Resources backed out of a deal to buy oil and gas properties from Casillas. Accordingly, it is clear the crux of Plaintiffs' class action, including the accounting claim, is compensation for the underpayment of oil and gas royalties, which properly falls under 2023(B)(3). Notably, Rule 23(c)(4) is not a stand-alone clause. Nejsevernj msto ech luknov s nov rekonstruovanm zmkem. A lawsuit against Continental Resources hit a legal hurdle this week when an Oklahoma County District Court judge issued a stay of proceedings until it is Civ. 1775 (3d ed.) By The lawsuit asks for the Water Supply and Storage Company to pay for damage to the parks natural habitat and other damages. if(window.innerWidth<=1023){var write_html='