Replies to This Discussion

Permalink Reply by TCB DS3 on July 27, 2008 at 6:32

Ed, it would seem to me, although, I am not an attorney that it is time for a class action suit or legislation to force o/gs to confirm to at least two provisions in contract law which make a contract valid. Such as (1) the minimun size the print type, and (2) meeting of the minds of all parties to a contract. The print type is so small on the "standard" o/g lease that they mail to landowners that of course my 84 year old relatives can not read it. I have to increase the size on a printer several times to read it. Secondly, their accompanying letter just says sign with a notary and return and we will send you payment. They never inform leasors that they can revise the lease. I would think these two items alone for landowners who signed with say six months to CHKS announcement of the Haysville Shale discovery would be enough for case of action not to mention that no money usually passed at the actual signing of the lease for many landowners which the lease says "for consideration of X number of dollars".
Thanks to the internet a class action lawsuit is easier to pull together. It might be possible to find an experienced o/g attorney who would take the case without a retainer like the tobbacco attorneys did against big tobbacco companies. Just a thought. TCB O

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Permalink Reply by insomniacnla on July 27, 2008 at 8:00

Hey Tonna,

Thank you again for your email that you sent. I feel for those that signed early, my own family and loved ones included. I think that getting some legislation passed would have the most benefit for landowners in the future. On whether to bring a lawsuit over the amount of bonus money, my family has decided that they are going to live with the incorrect decisions that they made and hope that royalties make up for it. Yes, the money may not have changed hands at the time of the executing the lease, but it did change hands when the landowner took the draft/check to the bank and collected it.

One reason for my family's decision is that if and when a class action is brought against the o/g companies (I think it is certain), that it takes several years for any suit to get to court, especially a class action. I also agree that an attorney that specializes in class action suits would be best but, like in the big tobacco suits, it took years for the settlement. If a case goes to court and the landowners receive a favorable judgment, it WILL be appealed by o/g. Also, in a class action, any monies received as a result of the suits are usually a small, small amount to each individual plaintiff and the attorneys are the ones that come out on the better end. Even with the big tobacco suits (I think the attorney is out of Mississippi and named Scruggs) the settlement money went to the government and to individual states for medical care, not to the plaintiffs. And during the years it will take to get resolved, the landowners' royalties are tied up in court and they will not receive any until the lawsuit is resolved.

Lawsuits take a toll on people and some end-up very, very bitter and they let it eat up their lives. These are the reasons that my family has decided not to attempt to bring out any cause of action against o/g. We hope for great wells in our area to help get the sour taste out of our mouths.

Everyone has different thoughts on this. The class action in Bossier with Brown Builders is a different. The lawsuit is over mineral rights ownership and whether Brown did/did not disclose the status at the time of the sale.

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Permalink Reply by Two Dogs, Pirate on July 27, 2008 at 8:04

Richard "Dickey" Scruggs, lost his license to practice law and is going to jail for trying to buy off a judge.

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Permalink Reply by insomniacnla on July 27, 2008 at 8:09

Did he pass away last year?

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Permalink Reply by TCB DS3 on July 27, 2008 at 9:50

Insomniacina, you are correct in what happens in class action lawsuits. Your family and mine do not want to go through a class action lawsuit but others might. The important thing is to get some corrective measures in case law or legislative protections on o/g leases for everyones benefit. Even o/g companies would benefit with rules they could follow to help keep down class action lawsuits. There is a big need for protective o/g contract law to get on the books. It is only a matter of time--too many people are being negatively effected by o/g companies "standard" leases.

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Permalink Reply by insomniacnla on July 27, 2008 at 10:00

TCB

EXACTLY what needs to be done. Previously, the majority of the landowners that were negatively affected were in rural areas like you and me. Our population numbers were small. Now, with having Shreveport-Bossier City included, the population numbers are much, much higher and our collective voice will be louder and maybe we can be heard now by our legislators in Baton Rouge. It would be wonderful if sweeping changes (or any changes at all) can be made to protect both sides of the fence.

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Permalink Reply by TCB DS3 on July 27, 2008 at 9:59

Another poster on this site listed this website, www.360nwinfo.com. After you get to the site click on resources and you will see a plantiff's law firm listed. They are in TX but work all over the SE. They are working with this TX owners association. The law firm has a direct email section and answer questions freely. TCB O

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Permalink Reply by Ed on July 27, 2008 at 14:55

TCB O, insomniacnla, and Thomas R. Scarbrock

Thank you all for the great insight, ideas, and information. You have all been dealing with this mess for a lot longer than I. I will look into the 360nwinfor site TCB O, and I will jump into any class action that ever developes just to add another log to the fire. Not that I think that we will ever recieve anything from it, but any good that could come from such a lawsuit, whether it help generate new legislation or just set a precedence, some satisfaction would still be better than knowing they got away with it scott free.

I don't know any of you from Adam but I appreciate you taking the time to respond. My dad was born and raised in Northern Louisiana and grew up in a day when you delt with people honestly. The way you wanted to be treated ! Sadly for our country, those day are gone.

Ed

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