landowner

When is the Ferrara vs Questar Appeals case to be heard?

Has anyone heard any information on when the Ferrara vs Questar held by production appeals lawsuit is to be heard this spring?

Tags: ferrara, questar, vs

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landownerPermalink Reply by Steve P on April 8, 2011 at 16:01

I have followed this from afar, but I would speculate that Questar offered no defense because they had none, so they just took their chances (i.e., see news reports on Barry Bonds trial this week in SF).  How could Questar have avoided defeat?  Easily.  Have some engineering studies underway.  Have their attorney file for some unit designations.  Get a drilling permit.  Almost any of those would have given them the chance to cloak themselves in some precedent, and, most importantly, bought themselves some time.  It is beyond me why they didn't do any of these things. 

 

Fortunately for mineral owners, Randy Davidson is not a lawyer to be trifled with, and apparently Questar IS a company to be trifled with.  I don't think that the intervention of the La Oil & Gas Association is going to have much effect.  Too little too late because the record upon which the 2nd Circuit must rule is fixed.


Oil & Gas ProPermalink Reply by The_Baron on April 11, 2011 at 7:33
If Questar had simply shown that at the current gas prices a well would not be economic at that time, they probally would have won.

Oil & Gas ProPermalink Reply by The_Baron on April 14, 2011 at 3:38

Does that really matter?

 

I base my comments solely on what a few mineral attorneys have said to me and others.


Oil & Gas ProPermalink Reply by HBP on April 26, 2011 at 9:34

On calender for next month I believe - anybody confirm?


Oil & Gas ProPermalink Reply by Skip Peel - Mineral Consultant on April 26, 2011 at 12:28
When I last asked (last week) the court had not ruled on the LOGA amicus brief.  Until the court rules on that motion I think it doubtful that a hearing date will be set.  I'd be gratified to be able to confirm that you are correct, HBP.  And I hope that a number of GHS members will show up for the trial when the date is set.  I will check with plaintiff counsel tomorrow and get back to you.

Oil & Gas ProPermalink Reply by Skip Peel - Mineral Consultant on April 27, 2011 at 3:54
Oral arguments in Ferrara vs Questar before the Second Circuit Court of Appeals will be heard at 1:30 on Monday, May 16.  A decision in the case will follow in approximately the next 60 to 90 days thereafter.

Oil & Gas ProPermalink Reply by Skip Peel - Mineral Consultant on April 30, 2011 at 10:17
For those members who may care to attend to witness the oral arguments, Bump.
Permalink Reply by Zydeco on May 16, 2011 at 10:08
Interested for all mineral owners concerning the oral arguements in this case, as it does affect all M.O., what was presented today in the 2nd Circuit Court of Appeals ?   Were the LOGA amicus brief allowed ?  Any information would be appreciated.  I hope all in the Shreveport area were attending.

Oil & Gas ProPermalink Reply by Skip Peel - Mineral Consultant on May 16, 2011 at 11:20
The oral arguments did not touch on the LOGA brief.  As it was not mentioned, I suspect that it will not be used in considering the appeal ruling.  The arguments were the same as presented in the District Court case.  The three judges, Brown, Williams and Moore will likely hand down a ruling in about 60 days.  Randall Davidson made persuasive arguments for the plaintiff and his points appeared to be well received by the appellate panel.

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