Continental Resources, Inc. is the defendant in a proposed collective action in which the plaintiff claims the oil company deliberately failed to pay time-and-a-half His firm recently declared force majeure on certain sales contracts. 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. Napklad ndhern prosted v Nrodnm parku esk vcarsko. 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. Pursuant to Mittelstaedt, these wells located in various places, with different gas qualities and production conditions, differences in the custom and usage in the industry, as well as the various marketing arrangements under which the gas was sold, necessitates an individual inquiry of the facts of each gas sale. APPEAL FROM THE DISTRICT COURT OF The trial court certified the case under 2023(B)(2) & (B)(3). 289, 316 (2003)). In addition, Plaintiffs have not alleged that Continental has limited resources. 23 Finally, Plaintiffs are unable to establish that certification of the accounting claim was proper under 2023(B)(2). 446, 456 (W.D. Section 570.14 provides: 17 Plaintiffs contend they are entitled to specific performance of an accounting because Continental has admitted violating 570.12: 1) by reporting the BTU adjustment on all wells for all owners at a fictional "1000" rather than the actual BTU adjustment for periods prior to July 1, 2010; and 2) by failing to report wellhead volumes on check stubs. T: +420 412 387 [email protected] [email protected], I: 68284594GPS: 511'45.45"N, 1427'1.07"E, 2022 - Restaurant Star mln | Vechna prva vyhrazena | Designed by G73 and powered by kremous.com. 20 Moreover, Plaintiffs cannot establish that certifying the accounting claim is appropriate under 2023(B)(1) and/or (B)(2). An Oklahoma lawyer accused of using ill-gotten confidential business information to defraud oil and gas company Continental Resources Inc. pleaded guilty to conspiracy to commit honest services wire fraud just days before his trial was set to begin. The counts include, inter alia, fraud, breach of contract and statutory obligations, unjust enrichment, conversion, as well as breach of duties as operator. Regulators to be briefed on funding for well-plugging projects in Oklahoma. 12 A review of the record on appeal provides the trial court granted what it termed a hybrid, issue class certification as to an accounting claim as a 2023(B)(1) and (B)(2) class pursuant to 2023(C)(6)(a) as well as declaratory relief in the form of 48 legal and equitable issues. 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. The lawsuit asks for the Water Supply and Storage Company to pay for damage to the parks natural habitat and other damages. Prosted je vhodn tak pro cyklisty, protoe leme pmo na cyklostezce, kter tvo st dlkov cyklotrasy z Rje na Kokonsku do Nmecka. Shale producers Alta Mesa Holdings and Devon Energy accepted lower prices for pending asset deals. My client is innocent.. Dist. A specific listing of the amount and purpose of any other deductions from the proceeds attributed to such payment due to the owner upon request by the owner. 3 Plaintiff subsequently amended the class to start July 1, 1993. The former employee, Justin Biggs, pleaded guilty before U.S. District Court Judge Jodi Dishman in Oklahoma City on Nov. 20, 2020, to onecount accusing him of conspiringto commit honest services fraud. Federal prosecutors indicted Blaine Dyer, 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. 4 A hybrid class action and issue certification are discussed infra, pages 10-11. 31 The question of where and when particular gas is marketable is not settled in Oklahoma. On Thursday, a spokesperson for Hey, look at that! The trial court granted plaintiffs' motion for certification under Rule 23(b)(2) and the Ninth Circuit affirmed. Prosecutors claim Coatney made at least $12,000 for the part he played in the scheme to defraud Continental Resources. Tsvetana is a writer for Oilprice.com with over a decade of experience writing for news outlets such as iNVEZZ and SeeNews. Section 2023(B)(2) provides a class may be certified if: 24 Initially, the Court notes that an accounting is an equitable remedy; it is not final injunctive or corresponding declaratory relief. Certification pursuant to Rule 23(c)(4) is only proper if the requirements of Rule 23(a) and at least one of the categories of (b) are first met. Basically, Additional individualized and fact-intensive reviews of Plaintiffs' remaining claims would likewise be required. 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.' Case Information Case Number: 6:22-CV-00208 Case Status: Pending Filing Date: 07/19/2022 Jurisdiction: U.s. District Court U.S. crude futures prices have tumbled, with coronavirus-related lockdowns and travel restrictions souring demand as OPEC and other producers waged a price war, sending oil to $13 a barrel this month from $61 at the start of the year. Co., 2007 OK 80, 1 fn.3, 184 P.3d 463, 467 fn. The Oklahoma Supreme Court has found Rule 23 to be illustrative. 2003); Stoffels v. SBC Commc'ns, Inc., 238 F.R.D. If the defendant is found liable, courts adopting this approach then decide whether to certify a (b)(3) class for money damages purposes and/or an additional (b)(2) class for final injunctive relief." 485, 488 (D. Wyo. Bkask a lyask arel se nachz hned za sttn hranic Roany-Sohland a obc Lipovou-Souhland. Plaintiffs filed an amended petition on November 5, 2014, adding a claim for declaratory, injunctive and/or mandamus relief, requesting Continental account for the production and proceeds attributable to the wells and to accurately inform the class of the facts on which their royalties were based. 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). WebAmerican produced oil and natural gas will play a critical role in Americas and the worlds energy future. When you work for an oil company, you're supposed to be blindly loyal to that company and help them exploit and profit from all the valuable resources found deep inside the earth. Corp., 151 F.3d 402, 418 (5th Cir. Before that, though, Dyers attorney Joe White sent a letter complaining about Continental Resources conduct to the U.S. Attorneys Office for the Western District of Oklahoma in Oklahoma City. 8. Furthermore, the "long-standing rule in Oklahoma is that a plaintiff may not pursue an equitable remedy when the plaintiff has an adequate remedy at law." It was Continental Resources founder Harold Hamm who said in early March that the Saudi move to flood the global market with crude oil was illegal.. Civ. Na sttn hranici je to od ns asi jen pl kilometru, a proto jsme tak nejsevernj certifikovan zazen pro cyklisty na zem cel esk republiky. Thus, it held the 48 legal issues and interpretations of law were related to Plaintiffs' accounting claim and were proper for the court to rule upon. 37 We find the requisites for a class action have not been met and reverse the trial court's June 11, 2015, order certifying a hybrid, issue class action. It's a good read. content 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. 2006); In re Copley Pharm., Inc., 158 F.R.D. Nejsevernj msto ech luknov s nov rekonstruovanm zmkem. Nejsevernj msto esk republiky le u vesnice s pilhavm nzvem Severn. Continental Resources quietly filed a lawsuit. They expected the deal to be closed some three weeks later. Joe White, part of a team of attorneys representing Dyer in his civil suit against Continental Resources, said Monday I cannot speak to why Justin Biggs said what he said at his plea. /marketintelligence/en/news-insights/latest-news-headlines/continental-resources-sues-attorney-former-employee-on-fraud-claims-58927012 2015 2023(B)(3). esgSubNav, Discover more about S&P Globals offerings, Global Economies in Flux: Drive Decisions with the Purchasing Managers Index (PMI) Data, The Natural Language Processing (NLP) Revolution and ChatGPT: An Introduction to the field, our latest research, and how Kensho is empowering businesses to make the most of these technologies, 10:00 - 11:00 am EST | 4:00 - 5:00 pm CET, Long Beach Convention & Entertainment Center. Pledges Additional $2 Billion In Security Assistance To Ukraine, Three Fires At Pemex Facilities In One Day, Native Americans Urge Biden To Halt Offshore Wind Permitting, High Energy Prices Force Worlds Largest Chemicals Company To Cut Jobs, U.S. 630, 643 (N.D. Okla. 2000). Continental Resources, Inc. (Defendant or Continental) is an Oklahoma for-profit corporation, having its principal place of business in Oklahoma City, Oklahoma. Strikes Back At EU Criticism Of The Inflation Reduction Act, China Secures Two Long-Term LNG Deals With U.S. Producer, Oil Gains Over 2% As Gasoline Stocks Show Second Weekly Decline, Oil, Gas Industry Sees Lobby Spending Dip In 2022, Russia Says Europe Will Struggle To Replace Its Oil Products, "Natural Gas Price Fundamental Daily Forecast Grinding Toward Summer Highs Despite Huge Short Interest" by James Hyerczyk & REUTERS on NatGas, 'Get A Loan,' Commerce Chief Tells Unpaid Federal Workers, Iraq Announces String Of Deals To Boost Oil And Gas Output, Chinas Gold Reserves May Be Double What Official Reports Suggest, Oil Prices Jump 21% But Analysts Warn More Carnage Still To Come. Subscribe to our FREE weekly newsletter and stay current on the latest in oil and gas news on the most active areas, including the Scoop and Stack Plays. 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. of City Sch. Continental on Thursday declined to make any additional statements about particulars pertaining to the case. Plaintiffs alleged failure to pay royalties on all hydrocarbons, improper deductions, insufficient reporting, and failure to receive the best price.1 Plaintiffs asserted Continental engaged in systematic schemes to misreport and skim oil and gas production and royalty proceeds from royalty owners, inter alia. Courts have also used issue certification to certify only certain issues found common to the class. Continental Resources Inc. filed a civil lawsuit accusing a title lawyer and a former employee of improperly using the company's confidential drilling information to acquire mineral blocks Continental intended to pursue and resell them to Continental at higher prices. 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. Heres how the newspaper reported the story: 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. In Harvell, 2006 OK 24, 164 P.3d 1028, the Oklahoma Supreme Court held that injunctive or declaratory relief must be the primary remedy requested for class members under 2023(B)(2).7 Similarly, in Dukes, the U.S. Supreme Court held that monetary claims may not be certified under Rule 23(b)(2), at least where the monetary relief is not incidental to the injunctive or declaratory relief.8 Dukes was cited with approval in Homesales, 2014 OK 88, 339 P.3d 878. Newberg on Class Action 4:38. Continental Resources has gone to court, filing a lawsuit against former employee, Levi Pack, a geologist accused of uploading company data and creating a program to give him remote access to Continental data on his cell phone. 2013) (citing Wood v. TXO Prod. WebDoing things right is one of our most important values at Continental Resources, Inc. or participated or cooperated in an employment discrimination investigation or lawsuit. This site is protected by reCAPTCHA and the Google, Oklahoma Court of Civil Appeals Decisions. All rights reserved. 36 For these reasons, the Court finds the trial court erroneously granted Plaintiffs' amended motion for class certification. The lawsuit was filed against Wolla Oilfield Services and its owner Jason Wolla in March of 2020. I would post a response from one of the scores of people that were sued, but no one has filed one yet. Continental Resources pulled a lawsuit it had filed against the federal government seeking action on pending drilling permits. 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 See Mejdrech v. Met-Coil Sys., 319 F.3d 910, 911-912 (7th Cir. 10 In Oklahoma, class actions are governed by 12 O.S.2011 and Supp. BILLY J. STRACK, Trustee of the Patricia Strack Revocable Trust DTD 2/15/99 and Billy Joe Strack Revocable Trust DTD 2/15/99, and DANIELA A. RENNER, Sole Successor Trustee of the Paul Ariola Living Trust and the Hazel Ariola Living Trust, for themselves and all others similarly situated, Plaintiffs/Appellees, Accordingly, the trial court erred in granting certification under 2023(B)(1)(a). Accordingly, we may look to federal law addressing Federal Rule of Civil Procedure 23.5. herculoids gloop and gleep sounds 1. Continental Resources pulled a lawsuit it had filed against the federal government seeking actionon pending drilling permits. Your California Privacy Rights / Privacy Policy. You can explore additional available newsletters here. 22 We further find 2023(B)(1)(b) to be inapplicable. That being said, let's give these people the benefit of the doubt. Id. Earlier this month, Continentalsaidit plans to cut its April and May production by around 30 percent. Continentals lawsuit was against Wolla Oilfield Services, LLC, a North Dakota limited liability company that operates as a hot oil service provider in North Dakota. On Monday, BP agreed to restructure a $5.6 billion sale of Alaska oil properties to Hilcorp Energy. Based on our review of the record and applicable law, we reverse. Today's non-award-winning Lost Ogle conduct is presented by HOOT Industries The Smartest Fun in Town! Get the Weekly Newsletter Thousands of Mineral Rights Owners and Investors Rely On. Could Gravity Batteries Win The Energy Storage War? The proposed class contained over 14,000 royalty owners in more than 1,100 wells in 35 counties in the state of Oklahoma for over 22 years.2, 3 Continental filed a motion to dismiss or to strike class allegations on October 11, 2013, which was ultimately denied. However, its filings estimateit lost more than $5 million, over time. 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 Continental Resources Inc Filed: February 7, 2018 5:18cv117 Read Complaint Continental Resources faces a proposed collective action in which the plaintiff claims the oil company deliberately failed to pay overtime wages. 2 Plaintiffs are four family trusts, the Strack Trusts and Ariola Trusts (collectively, "Trusts"). It was Continental Resources founder Harold Hamm whosaidin early March that the Saudi move to flood the global market with crude oil was illegal. The mineral interests were included in governmentally-sanctioned drilling and spacing units. Anyway, I guess we'll continue to monitor this insufferable lawsuit that we hope both parties find a way to lose. Vechny nae pokoje maj vlastn WC, koupelnu, lednici, wi-fi pipojen. Tex. The price crash of the past month and a half has upended deals for several major companies, including from BP, whichchanged some of the termsof a $5.6 billion sale of its Alaskan business, which analysts think may see the supermajor receive lower cash component for the deal this year. Chieftain Royalty Co. v. XTO Energy, Inc., 528 Fed.Appx. 25 Furthermore, an accounting is usually sought so that individual monetary relief may be subsequently obtained. Guy S. Lipe (Pro Hac Vice), VINSON & ELKINS, LLP, Houston, Texas, for Defendant/Appellant. However, its filings estimate it lost more than $5 million, over time. Oklahoma County District Court records show Continental Resources originally included Biggs as a defendant in its civil suit. However, it dismissed him as a defendant in that case on Dec. 9, 2020. The crossroads of energy information for mineral owners in Oklahoma and Texas. On November 22, 2022 we declared independence. 2014); Gulino v. Bd. This class action lawsuit was filed on 07/19/2022 in U.S. District Court. However, software errors at BLM apparently slowed progress of approvals for its applications. Subscribe to our, Lease or Sell Your Minerals Rights in Oklahoma or Texas . Click below and ask a question to one of our oil & gas industry experts. The matter is therefore remanded for further proceedings consistent with this opinion. The lawsuit states that industry analysts have set their target price of Continental shares higher than $70, with some analysts 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. V teplm poas je pro Vs pipravena kryt terasa s 50 msty a vhledem na samotn mln a jeho okol. if(window.innerWidth <= 1023){ Mittelstaedt, 1998 OK 7, at 2, 19-20, 954 P.2d at 23 (emphasis added). 2013, 2023, which provides, in relevant part: 11 A party seeking certification of a class action has the burden of satisfying all four requirements of subsection A. Harvell, 2006 OK 24, at 8, 164 P.3d at 1032. 21 In their brief in support of their amended motion for class certification, Plaintiffs asserted that class certification was appropriate under 2023(B)(1)(a) because "[i]ssues with regard to the interpretation of the PRSA would certainly fall within an 'incompatible standards' certification." Summary: This case is a class action lawsuit against Continental Resources, Inc. for violations of not yet classified. Secondly, the class action must fall within one of the three categories enumerated in 2023(B). The June 11, 2015, order is therefore reversed and the matter is remanded to the trial court for further proceedings consistent with this opinion. var write_html = `