Replies to This Discussion

Permalink Reply by Skip Peel - Mineral Consultant on March 2, 2011 at 6:33

The LA. Court of Appeal, Second Circuit has not set a trial date as yet.  The appeal court now has the trial transcript of the district court.  Defendant's brief deadline was yesterday, March 1.  Plaintiff's brief is due April 1.  After the court has received the Plaintiff's brief, a trial date will be assigned.  I will post the date when it is available.  For those who have a stake in the outcome of this case, you may consider attending the hearing.  The appeal should take about 40 minutes, beginning to end.

• ▶ Reply

Permalink Reply by LesterG on March 3, 2011 at 17:17

Thank you very much for your information Skip.  Thank you for posting the dates of the  hearing and trial.  I will be present.

• ▶ Reply

Permalink Reply by Skip Peel - Mineral Consultant on April 7, 2011 at 7:13

The Second Circuit Court of Appeal has now received the briefs of the Plaintiff and Defendant.  The latest development is a request by the Louisiana Oil & Gas Association (L.O.G.A.) to file an amicus brief in support of the Defendant Questar.  I will post the trial date when it becomes available.

 

An amicus curiae (also spelled amicus curiæ; plural amici curiae) is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it. The information provided may be a legal opinion in the form of a brief (which is called an amicus brief when offered by an amicus curiae), a testimony that has not been solicited by any of the parties, or a learned treatise on a matter that bears on the case. The decision on whether to admit the information lies at the discretion of the court. The phrase amicus curiae is legal Latin and literally means "friend of the court".

• ▶ Reply

Permalink Reply by LesterG on April 7, 2011 at 7:53

What is really going on... The LOGA getting involved now? On the side of the O&G?!!
I hope the judge denies the admittance of the brief.... but who do I think I am anyway...)$.

• ▶ Reply

Permalink Reply by Skip Peel - Mineral Consultant on April 7, 2011 at 8:15

The outcome of this suit has enormous importance for energy companies and mineral owners.  It is not a surprise that the LOGA would attempt to influence the case for the member companies of its association.  The whole O&G industry has a lot at stake in his case and will likely use every ounce of political influence they have to avoid having an adverse precedent set.  If the appeal upholds the district court verdict I think the odds are better than 50/50 that the Defendant will appeal to the LA. State Supreme Court.

• ▶ Reply

Permalink Reply by robert minton on April 7, 2011 at 14:28

Peel is very correct. However, each case has a different set of facts. You elected your appellate judges--get out of their way and let them do their job, for which they are much more qualified to handle than  their critics.   Remember, the oil and gas companies have billions at stake,while the mineral owner has  ???????.  If a mineral owner has about 7-9 million dollars lying around, well, I guess he can risk it and 'drill his own well!  How many of you know the "Little Red Hen" story? 

• ▶ Reply

Permalink Reply by BirdDawg, plain ole' idiot on April 7, 2011 at 15:11

Robert,

Right the O&G companies have billions at stake. And what do the mineral owners have at stake, you ask?

I some cases the oil and gas under their land (which they own) is by far the biggest thing they own. THATS what they have at stake.

• ▶ Reply

Permalink Reply by The_Baron on April 8, 2011 at 8:00

Actually, Birddawg... The Mineral Owners do not own the oil or gas beneath their land.

 

The own the right to explore for any such minerals and produce them, thus reducing those mineral to possesion.

 

Personaly, from my experiance and from input from some of my mineral attorney friends, this whole case really resulted from Questars refusal to even answer the initail demand letter. By ignoreing the letter and not conducting a thourough defense, they blew it.

IF Questar had simply relied to the intial demand letter with a statement that it was not prudent at the time to proceed with drilling.. They most likely would have been rulled in favor of the first time around.

• ▶ Reply

Permalink Reply by Spring Branch,mineral owner on April 8, 2011 at 11:15

Baron, my experience has been that there is no way to predict how a judge will rule, though you may be correct.

• ▶ Reply

Permalink Reply by BirdDawg, plain ole' idiot on April 8, 2011 at 11:28

Thanks Baron, I knew you would straighten me out. But for all practical purposes, it basically plays out like the MO owns them. I agree that they blew it by not responding, but how do you know how it would have turned out otherwise? Not so sure it would have been so cut and dried. I know of several cases where mineral owners got their leases released after sending a demand letter.

• ▶ Reply

Permalink Reply by Skip Peel - Mineral Consultant on April 8, 2011 at 11:50

IMO, the crux of the case does not turn on the Defendant's "refusal to even answer the initail demand letter".  It is about their reason for denying the demand to develop.  And their inability to provide testimony in support of that reason.  Those of us in attendance at the trial understand why QEP rested without putting on a defense.  Any mineral owner who has a stake in the outcome of this appeal may attend the court proceeding and witness in person the review of the District Court testimony.  I will post the trial date when it is announced.

Permalink Reply by LesterG on April 8, 2011 at 12:17

Yes Skip I agree.  The district judge made it know in his decision that Questar did not develop when demanded to do so, only delay so that a larger operator can come in and drill and the smaller company ride the coattails of the larger operator, the judge said this is a NO NO!  In my opinion it speaks to the good faith effort and duty to develop the minerals to the full potential and Questar did not do this, and "develop to full potential" was in the lease.

• ▶ Reply

• ‹ Previous
• 1
• 2
• Next ›
• Page