ARE THERE ANY DEADLINES THAT MIGHT AFFECT MY CLAIMS?
Yes. Because 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.
We encourage anyone who intends to pursue direct claims to do so by year-end, if possible. Why? There are at least three kinds of time deadlines that could affect your ability to pursue, or limit the scope of, any claims that you may have, whether in litigation or arbitration: statutes of limitations; the doctrine of laches; and contractual notice and cure requirements. These time limits apply to all royalty owners, regardless of whether you are a member of the Settlement Class in Demchak Partners.
The first kind of deadline is the statute of limitations, which applies to all legal actions for damages. The specific statute of limitations that applies to your potential claims varies depending on the type of claim. For example, in Pennsylvania, the statute of limitations for breach of contract actions (in the absence of contract specifying a difference period) is generally four (4) years, and begins to run when your claim accrues, which is usually the date of breach. The issues of which statutes of limitations apply to your claims, when your claims accrue, when the applicable statutes of limitations begin to run, and when they will expire, whether the statute of limitations is subject to equitable tolling, and the affect of the expiration of the statute of limitations on your claims, are complicated and fact-specific legal issues. We cannot and do not intend to offer legal advice on this website as to the specific statute of limitations that apply to your particular potential claims, when your claims accrued, when the statutes of limitations applicable to your claims began to run, and when they will expire, or the affect of the expiration of statutes of limitations applicable to your claims. But you need to know and keep in mind that there ARE time limits on your ability to pursue any claims you may have, and to consult an attorney (whether a member of the Marcellus Royalty Action team or another qualified attorney) for advice as to the specific statutes of limitations applicable to your specific claims.
The second time limitation is known as the doctrine of laches, which is similar to a statute of limitations, but applies to claims for equitable relief, as opposed to legal claims for damages. The basic concept is that equity does not favor those who "sleep" on their rights; if you snooze, you lose. Again, we cannot and do not purport to offer legal advice as to which of your potential claims might be subject to the doctrine of laches, or what the specific deadlines might be for particular claims.
The third kind of deadline that could potentially affect you ability to pursue, or limit the scope of, any potential claims you may have is a contractual notice and cure provision in your oil and gas lease. Some (but not all) leases contain language requiring lessors to give the lessee gas companies written notice of any purported breaches of the provisions of the lease a specified number of days (typically 30 to 60 days, but in some instances as long as one year) before commencing any (or certain kinds of) actions or proceedings for such breach, and giving the gas companies the right to "cure" any default within that time-frame. The specifics vary by lease. Because compliance with any mandatory notice-and-cure requirements can sometimes delay your ability to file claims until after the expiration of applicable statutes of limitations, it is important for you to know whether your lease contains any such requirements, the nature and scope of any such requirement, and to ensure that you satisfy any applicable requirements on a timely basis.
We have spoken with many royalty owners who have said that they want to "wait and see" what happens with various proposed legislation, pending state and federal investigations, or pending class actions, before deciding whether to take action to pursue their own claims and protect their rights. Although the instinct to "wait-and-see" is understandable, it is important for you to keep in mind that, at some point, the passage of time will bar you from pursuing your claims, or limit the scope of any claims that you may have, whether in litigation or arbitration. If you want to "wait and see" what happens before pursuing your own claims, make sure that you find out and understand what the applicable time limits are for your potential claims. The bottom line is that, for most royalty owners, we believe that the time to "wait and see" what happens is over, and that you should act now to avoid any risk of jeopardizing or limiting the scope of your potential claims.
We encourage anyone who intends to pursue direct claims to do so by year-end, if possible. Why? There are at least three kinds of time deadlines that could affect your ability to pursue, or limit the scope of, any claims that you may have, whether in litigation or arbitration: statutes of limitations; the doctrine of laches; and contractual notice and cure requirements. These time limits apply to all royalty owners, regardless of whether you are a member of the Settlement Class in Demchak Partners.
The first kind of deadline is the statute of limitations, which applies to all legal actions for damages. The specific statute of limitations that applies to your potential claims varies depending on the type of claim. For example, in Pennsylvania, the statute of limitations for breach of contract actions (in the absence of contract specifying a difference period) is generally four (4) years, and begins to run when your claim accrues, which is usually the date of breach. The issues of which statutes of limitations apply to your claims, when your claims accrue, when the applicable statutes of limitations begin to run, and when they will expire, whether the statute of limitations is subject to equitable tolling, and the affect of the expiration of the statute of limitations on your claims, are complicated and fact-specific legal issues. We cannot and do not intend to offer legal advice on this website as to the specific statute of limitations that apply to your particular potential claims, when your claims accrued, when the statutes of limitations applicable to your claims began to run, and when they will expire, or the affect of the expiration of statutes of limitations applicable to your claims. But you need to know and keep in mind that there ARE time limits on your ability to pursue any claims you may have, and to consult an attorney (whether a member of the Marcellus Royalty Action team or another qualified attorney) for advice as to the specific statutes of limitations applicable to your specific claims.
The second time limitation is known as the doctrine of laches, which is similar to a statute of limitations, but applies to claims for equitable relief, as opposed to legal claims for damages. The basic concept is that equity does not favor those who "sleep" on their rights; if you snooze, you lose. Again, we cannot and do not purport to offer legal advice as to which of your potential claims might be subject to the doctrine of laches, or what the specific deadlines might be for particular claims.
The third kind of deadline that could potentially affect you ability to pursue, or limit the scope of, any potential claims you may have is a contractual notice and cure provision in your oil and gas lease. Some (but not all) leases contain language requiring lessors to give the lessee gas companies written notice of any purported breaches of the provisions of the lease a specified number of days (typically 30 to 60 days, but in some instances as long as one year) before commencing any (or certain kinds of) actions or proceedings for such breach, and giving the gas companies the right to "cure" any default within that time-frame. The specifics vary by lease. Because compliance with any mandatory notice-and-cure requirements can sometimes delay your ability to file claims until after the expiration of applicable statutes of limitations, it is important for you to know whether your lease contains any such requirements, the nature and scope of any such requirement, and to ensure that you satisfy any applicable requirements on a timely basis.
We have spoken with many royalty owners who have said that they want to "wait and see" what happens with various proposed legislation, pending state and federal investigations, or pending class actions, before deciding whether to take action to pursue their own claims and protect their rights. Although the instinct to "wait-and-see" is understandable, it is important for you to keep in mind that, at some point, the passage of time will bar you from pursuing your claims, or limit the scope of any claims that you may have, whether in litigation or arbitration. If you want to "wait and see" what happens before pursuing your own claims, make sure that you find out and understand what the applicable time limits are for your potential claims. The bottom line is that, for most royalty owners, we believe that the time to "wait and see" what happens is over, and that you should act now to avoid any risk of jeopardizing or limiting the scope of your potential claims.