<![CDATA[MARCELLUS ROYALTY ACTION - News and Events]]>Thu, 17 Dec 2015 13:10:31 -0800Weebly<![CDATA[PA ATTORNEY GENERAL FILES CIVIL COMPLAINT AGAINST CHESAPEAKE]]>Thu, 10 Dec 2015 00:39:49 GMThttp://www.marcellusroyaltyaction.com/news-and-events/pa-attorney-general-files-civil-complaint-against-chesapeakeThe Commonwealth of Pennsylvania, through the Office of the Attorney General, today filed a civil action in the Court of Common Pleas of Bradford County against Chesapeake and Williams Partners, asserting claims under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, and seeking injunctive relief and to recover for Pennsylvania landowners monies wrongfully deducted from their royalty checks. A copy of the Civil Complaint is available to be reviewed or downloaded here.

The Complaint alleges that Chesapeake and Access Midstream (now Williams Partners) engaged in unfair and deceptive acts and practices intended to enable them to deduct artificially inflated gathering costs from royalties, and to enable Chesapeake to receive undisclosed transition payments from Access Midstream.

We are pleased to see that the Commonwealth is stepping up and seeking to use its powers in an effort to protect the interests of royalty owners. The action validates the claims that we have been pursuing, and will continue to pursue, on behalf of royalty owners. We view the claims being asserted by the Attorney General's Office under the UTPCPL as complementary and beneficial to the federal antitrust and RICO claims that we are asserting in our group actions in federal court, and to the breach of contract claims we are seeking to assert in group arbitration claims against not only Chesapeake, but also the multiple other gas companies that hold working interests in most of the same leases, and in the gathering pipelines that service the wells, as well as Williams Partners, f/k/a Access Midstream. 

In other words, we will be continuing to pursue the separate claims we are asserting against not only Chesapeake but also the other gas companies that have been improperly deducting artificially inflated costs from royalties owed to landowners and other royalty interest owners. The Attorney General's lawsuit should help us in our efforts.

The Office of the Attorney General also filed an amicus brief in the Demchak Partners case, objecting to and seeking modification of the scope of the proposed release, to prevent Chesapeake from arguing that it releases the parens patriae claims that it is asserting in its Civil Complaint in Bradford County. A copy of the Amicus Brief is available here


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<![CDATA[DEADLINE FOR INCLUSION IN 2015 GROUP ACTIONS ]]>Sat, 05 Dec 2015 17:56:09 GMThttp://www.marcellusroyaltyaction.com/news-and-events/deadline-for-inclusion-in-2015-group-actionsBecause of the high volume of requests for representation we are receiving, and the upcoming holdidays, if you would like to retain us to file claims as part of one of our 2015 group actions, we will need to receive your signed contingent fee agreement, and copies of your lease and other necessary documents, by no later than DECEMBER 14. For a list of the documents needed to file, see the FAQ page here. If you are a member of the Settlement Class in Demchak Partners, you also still will need to complete and mail your opt-out request no later than DECEMBER 17. ​Information on how to opt-out of the Settlement Class in Demchak Partners is available here. ]]><![CDATA[WHAT DO YOU DO IF YOU ARE NOT SURE WHETHER YOU ARE PART OF THE SETTLEMENT CLASS IN THE DEMCHAK PARTNERS CASE?]]>Fri, 04 Dec 2015 23:31:22 GMThttp://www.marcellusroyaltyaction.com/news-and-events/what-do-you-do-if-you-are-not-sure-whether-you-are-part-of-the-settlement-class-in-the-demchak-partners-caseBased on the questions asked at the public forum sponsored by the Bradford County Commissioners this past Wednesday, December 2, and calls we have received since then, it is apparent that many royalty owners still do not know whether they are members of the Settlement Class in the Demchak Partners class action. According to the Court authorized Notice which was (or theoretically should have been) mailed to allmembers of the Settlement Class, if you have any question about whether you are part of the Settlement Class, you can:

(i) visit www.ChesapeakePAGasRoyaltySettlement.com;
(ii) email ChesapeakeSettlement@angeiongroup.com;
(iii) call (toll-free) 1-855-465-0343; or
(iv) contact the following Class Counsel: Larry Moffett (662) 232-8979 lmoffett@danielcoker.com; or Michelle O'Brien (570) 209-7901 mobrien@theobrienlawgroup.com.


A copy of the Court authorized Notice issued in the Demchak Partners case is available on the website listed above, and is also available here.

Anyone who is presently a client of our legal team, and who has not yet submitted an opt-out request, should contact us immediately.

Anyone else who is not sure whether he or she is a member of the Settlement Class in Demchak Partners, or, if so, whether it is in his or her best interests to opt-out of or remain in the Settlement Class, should consider consulting an attorney promptly.

If you already have already decided that you do not want to be part of the Settlement Class, or bound by the proposed settlement, in the Demchak Partners case, but still are not sure whether you are part of the Settlement Class, then there is no harm in submitting an opt-out request as a precaution, to make sure you do not unintentionally become bound. A summary of the instructions for the completion and submission of an opt-out request, and a sample form of opt-out letter, are available here. ]]>
<![CDATA[IMPORTANT  INFORMATION  REGARDING  PROPOSED  SETTLEMENT  IN  DEMCHAK  PARTNERS  CLASS ACTION]]>Thu, 03 Dec 2015 14:12:43 GMThttp://www.marcellusroyaltyaction.com/news-and-events/important-information-regarding-proposed-settlement-in-demchak-partners-class-actionThank you to the Bradford County Commissioners for organizing the public forum last night at the Towanda High School auditorium on the proposed settlement of the Demchak Partners class action, and for inviting us to participate on the panel. Over 650 people came out to hear more about the proposed settlement, and about the important decision that those who are presently members of the Settlement Class have to make by December 17, about whether they want to remain in the Settlement Class, or to opt-out. We hope the information provided was helpful.

​Due to the volume of requests we have been receiving, and to the obvious need, we have decided to post on our website (i) a sample form of opt-out request, along with (ii) a summary of the instructions contained in the various Court documents in the Demchak Partners case as to what is required to complete and submit an opt-out request, and (iii) some common-sense suggestions, which you can review here.

​IMPORTANT:  If you are a member of the Settlement Class, and want to retain us (or have retained us) to represent you in pursuing your direct claims on a group basis, you must sign and submit the opt-out request to the Settlement Administrator and attorneys in the Demchak Partners case; signing and submitting our Contingent Fee Agreement for Legal Services is not enough.  If you have  any questions about this, please contact us immediately.]]>
<![CDATA[BRADFORD  COUNTY  COMMISSIONERS  TO  HOLD  PUBLIC  FORUM  ON  PROPOSED  SETTLEMENT  IN  DEMCHAK  PARTNERS  CLASS  ACTION.]]>Thu, 19 Nov 2015 22:03:15 GMThttp://www.marcellusroyaltyaction.com/news-and-events/november-19th-20151The Bradford County Commissioners have just announced that they will be holding a public forum on the proposed class settlement in the Demchak Partners case on December 2, 2015 at 7 p.m., at theTowanda High School auditorium. We have been invited to make a presentation at the forum, and will be there to field questions and provide information.  See http://www.thedailyreview.com/news/2015-11-19/Today%27s_Top_Stories/Press_conference_held_on_class_action_lawsuit.html​]]><![CDATA[thank  you  to  all  who  attended  our  most  recent town-hall  meetings.]]>Thu, 19 Nov 2015 11:21:56 GMThttp://www.marcellusroyaltyaction.com/news-and-events/november-19th-2015Thank you to everyone who attended one of the six town-hall meetings we held this week in Bradford, Sullivan, Susquehanna and Wyoming counties. The response was amazing -- a total of over 1,000 people turned-out to obtain more information about the proposed settlement in the Demchak Partners case, and about the alternatives available to all royalty owners to protect and enforce their rights -- regardless of whether you are a member of the settlement class in the Demchak case. 

If you were not able to make it to one of our town-hall meetings, the Bradford County Commissioners have just announced that they will be holding a public forum about the proposed class settlement in the Demchak Partners case on December 2, 2015 at 7 p.m., at theTowanda High School auditorium. We have been invited to make a presentation at the forum, and will be there to field questions and provide information.
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<![CDATA[QUESTIONS  ABOUT  THE  PROPOSED  CLASS  SETTLEMENT  IN  THE DEMCHAK  PARTNERS  CASE?]]>Tue, 10 Nov 2015 12:23:24 GMThttp://www.marcellusroyaltyaction.com/news-and-events/questions-about-the-proposed-class-settlement-in-the-demchak-partners-caseMany royalty owners who just received notices in the mail about a proposed Class Settlement in the Demchak Partners class action have contacted us in the mistaken belief that we are involved in the proposed settlement. We are not. Other royalty owners have contacted us to ask about how the proposed settlement in the Demchak Partners case impacts our approach to litigation and arbitration of royalty owner claims.

To be clear, we do not represent any of the representative plaintiffs in the Demchak Partners case, and were not involved in the negotiation, execution or request for preliminary approval of the settlement. We do represent many individual royalty owners who have Market Enhancement Clauses in their leases, and who therefore fall within the definition of the Settlement Class. As a result, our clients, like all members of the Settlement Class, wil need to decide whether to remain in the Settlement Class or to opt-out by submitting a request to be excluded from the Settlement Class by the December 17 deadline. 

We will be sending a letter this week to those of our clients who have Market Enhancement Clauses in their leases scheduling a conference call to discuss the Demchak Partners settlement. The letter will include a form of request for exclusion from the Settlement Class, along with instructions for completion and submission of the form. If you can't make the call, feel free to call us directly.

We have our own opinions about the proposed Class Settlement in the Demchak Partners case, which we will be sharing with our clients. Publicly, we are neither recommending the proposed Class Settlement in the Demchak Partners case nor encouraging royalty owners to opt-out of the Settlement Class. We believe that every royalty owner who has a Market Enhancement Clause in his lease need to make an informed decision as to whether the proposed settlement is in his best interests. We also believe that, in order to make an informed decision, you need to understand the details of the proposed settlement and your alternatives. We encourage royalty owners to consult with an attorney for assistance in evaluating the proposed settlement and their alternatives.

The bottom line is that we are offering an ALTERNATIVE approach to the Class Settlement in the Demchak Partners case. If you have a Market Enhancement Clause in your lease, and are by definition a member of the Settlement Class, you need to decide whether it is in your best interests to remain in the Settlement Class or to opt-out and pursue your claims separately. You cannot do both. Choose wisely.]]>
<![CDATA[JOIN  US  FOR  A  TOWN  HALL  MEETING!]]>Thu, 05 Nov 2015 01:36:15 GMThttp://www.marcellusroyaltyaction.com/news-and-events/november-04th-2015Have you received notice or heard about the proposed Class Settlement in the Demchak Partners class action? If so, you know that members of the Settlement Class have only until December 17 to decide whether to remain part of the Class Settlement or to opt-out and pursue your claims separately. Are you a member of the Settlement Class? What are your alternatives? What if you are not a member of the Settlement Class? What alternatives do you have to recover the royalties owed to you? What deadlines do you face?

We invite you to attend one of our upcoming Town Hall Meetings for Chesapeake royalty owners. Learn about your potential alternatives, regardless of whether you are a member of the Settlement Class. Find out more about our alternative approach, and about the status of the various other pending litigation, arbitrations, investigations and proposed legislation that may affect the interests of Pennsylvania royalty owners. Here is the schedule for our upcoming Town Hall Meetings: 

​Monday, November 16:                                                    
10:00 am @ Wyalusing Presbyterian Church,   
102 Church St, Wyalusing 
2:00 pm @ St. Francis of Assisi Hall, 
Rt 487, Mildred  
6:00 pm @ American Legion Post 510 Bingo Hall, 
328 Old Route 6, Laceyville 

Tuesday, November 17:
10:00 am @ Hampton Inn, 209 E. Tioga St, Tunkhannock
2:00 pm @ VFW Ayers-Stone Post 5642, 
Rt 706, Montrose
6:00 pm @ Wysox Fire Hall, Lake Rd, Wysox

 There is no cost or obligation to attend, and no need to register in advance. We look forward to meeting you.]]>
<![CDATA[SAVE  THE  DATES!  TOWN  HALL MEETINGS  FOR  CHESAPEAKE  ROYALTY  OWNERS  ON  NOVEMBER  16 & 17.]]>Fri, 30 Oct 2015 19:34:20 GMThttp://www.marcellusroyaltyaction.com/news-and-events/save-the-dates-town-hall-meetings-for-chesapeake-royalty-owners-on-november-16-17We are scheduling are next round of Town Hall Meetings for Chesapeake royalty interest owners on November 16 and 17. We will be posting the details on this page and on our Facebook page shortly.

Among other things, we will be discussing the proposed Class Settlement in the Demchak Partners case, and the other altnernatives available to royalty owners. The Court has issued an Order preliminarily approving the settlement, and has set DECEMBER 17, 2015 as the DEADLINE for members of the Settlement Class to submit any requests to be excluded from the Settlement Class, or any objections or comments to the proposed Class Settlement. 
  • Are you part of the Settlement Class? The proposed Class Settlement does not apply to all Chesapeake royalty owners – only to those who receive royalties under an oil and gas lease that contain a “Market Enhancement Clause.” Does your lease contain a Market Enhancement Clause?
  • If so, what would you receive as a result of the proposed Class Settlement? What would you be giving up in return?
  • What are your alternatives?
  • What are your deadlines to opt-out of the Settlement Class, or to file objections or comments to the proposed Class Settlement?
  • What happens if you do nothing?
  • How do you "opt-out" of the Class Settlement?
  • What does it mean for for the Court to "preliminarily approve" the Class Settlement?
  • Finally, what if you are NOT part of the Settlement Class? What can YOU do to protect and enforce YOUR rights and interest? Are there any time deadlines applicable to your potential royalty claims?
We are not counsel for the named plaintiffs in the Demchak Partners case, but we strongly believe that every member of the Settlement Class needs to decide for himself, herself or itself whether it is in his, her or its best interests to remain part of the proposed Class Settlement, to object to the proposed Class Settlment, or to opt-out of the Class Settlement and pursue their claims separately. We also believe that the only way to make an informed decision as to whether the proposed Class Settlement is in your best intersts is to understand, and weigh the proposed Class Settlement against, your potential alternatives. 

We also want to be sure that the many Chesapeake royalty owners who are NOT members of the Settlement Class understand the alternatives available to them to protect and enforce their rights, and the deadlines they face.

Keep an eye on this page for more information.]]>
<![CDATA[BRIEF  FILED  IN  OPPOSITION  TO  MOTIONS  TO  DISMISS  IN CAMPBELL  CASE]]>Mon, 26 Oct 2015 21:13:27 GMThttp://www.marcellusroyaltyaction.com/news-and-events/brief-filed-in-opposition-to-motions-to-dismiss-in-campbell-caseWe just filed Plaintiffs' Consolidated Brief in Opposition to Defendants' Motions to Dismiss our Amended Complaint in the Campbell case. You can review a copy of the brief  here. Copies of the motions to dismiss, as well as the Amended Complaint, are available on the Documents in the A&B Campbell Case page, here. Any replies by Defendants are due by November 20, 2015.]]>