M&P BEING SUED / CLASS-ACTION SUIT AGAINST HALCON, M&P & CX

 

Hello everyone:

                         I have not posted anything on here before. I have always just read the comments of others. I thought I would just post some thoughts. After being patient for 8 1/2 months I still have no answers like others in the south east Mercer County area. Is Halcon going to be held responsible for their actions? Are they going to be made to pay for the contracts they signed for? How qualified is M&P when it comes to representing the landowners of group 4 against a company like Halcon with deep pockets. Will we get an honest effort from M&P or will they make it as short as possible and except less than what we deserve to mitigate damages on their behalf. I have just read, in detail, the civil suit against M&P by Terra Energy LLC. Now it seems to me that the landowners not only have to worry about being pushed around by an unethical oil & gas Co, but now we have to worry about the real motives of the law firm we have to represent us. Are they going to treat clients like they treated business partners? I think if given a chance M&P will come back to the land owners after any legal actions against Halcon with a bogus report how they couldn't do much and if we continue it will tie up our lands for years, of course due to a half hearted attempt at getting us what we legally are owed.

                        I only have this attitude after listening to M&P for 8 1/2 months tell us how important it is to stick together as a group but they will break up the group at the drop of a hat to sign a little chunk to this O&G Co and another chunk to a different O&G Co. This sticking together only benefitted them by having all of us available to them for whatever size of lease they could get from any other O&G Co. After seeing an E-Mail to Terra Energy Advisors LLC from Jack Polochak describing how maybe Terra Energy should  get some leases signed by an O&G Co that are less than desirable for landowners to make it look like A Co he was partnering up with was successful in the oil and gas leasing business. That just shows me that he will sacrifice his clients profits to improve his and his associates. I think everyone should read the Lawsuit especially the landowners of group 4. Maybe I am seeing this in a sinister way and I am just swayed by how the rest of the world does things these days. Here is the link to the Lawsuit. I would like to know how many other landowners see it the way I do.

MPLawsuit.pdf

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Replies to This Discussion

Permalink Reply by James Brink, Esq. on February 13, 2013 at 9:43am

Fang:  You raise an excellent point.  I can tell you, however, from direct experience that there are two lease forms:  The represented landowner form and the unrepresented landowner form.  I also agree that there is much information accessible to landowners via the Internet, university outreach services and even through the PA DEP.  However, sometimes a little knowledge can be dangerous, too.  An experienced oil and gas lawyer should be able to explain with confidence how the various provisions in a lease interact with each other.  What triggers a Pugh release?  When do shut-in royalties trigger? How will your land and your water be used by the operator and how will such use affect your continued enjoyment of your land?  How will the use of your land affect your neighbors? What exploration rights are granted?  And the list goes on. So while I agree with your basic premise, there are many factors that should be considered.  Unfortunately, just about any lawyer nowadays will "review" a lease and opine that "it looks okay." That is certainly not enough and a landowner should not accept it as competent legal advice.

Permalink Reply by James Brink, Esq. on February 13, 2013 at 11:22am

Fang:  Sad, isn't it?  I have been contacted by landowners who have had seismic crews waiting at their gate and I find myself explaining to them what they really signed, even after their attorney told them that it was fine.  I had a landowner stand up at a meeting one time and, rather vociferously, challenge me to explain to him certain terms in a lease he already signed.  My response, to the amusement of the crowd, was to politely ask why he signed something he did not understand in the first place and why did he wait until after he signed it to demand an explanation!  He sat down, albeit red faced.

2z248p19vqnh9Permalink Reply by 2z248p19vqnh9 on March 21, 2014 at 4:33am

Fang - weren't CX using supposed lawyers from M&P...lawyers?...

...landowners & lawyers - bunnies & rabbits...in my soup

                                     - bunnies & rabbits...I salute...

same old, same old...as one light lights another, nor grows less - so nobleness enkindles nobleness...seems like the more things change - the more they really DO 'stay the same?....

be careful little (landowner?)...what you...he who has ears to hear, let him...

Permalink Reply by daniel cohen on March 21, 2014 at 4:56am

G.G., your response brought me to this discussion which I either forgot about or just never became aware of. Either way, thank you.

Open note to Dan Rupert,Michael R.,F.F.Fang,James Brink Esq.

Gentlemen, on a separate forum discussion we are considering a petition to address the inequities cited by you all, not from a legal perspective but from a public airing of the excesses visited upon us as we become involved with the O/G companies. Would you like to be kept apprised of it as we move forward?

Dan

Permalink Reply by James Brink, Esq. on March 21, 2014 at 5:04am

Certainly.  Send me the links and I will watch.  However, hindsight is always 20/20 and most of the things we warned landowners about are now happening.  Unfortunately, many will certainly suffer due to shortsightedness and the dreams of quick, easy and big money.  That, coupled with poor advice along the way, created this situation.  In some respects, the gas companies just sat back and watched the folks destroy themselves in the process.  Sad, very sad.  Now I get calls daily from folks who want a do-over, which will not happen.  

Permalink Reply by daniel cohen on March 21, 2014 at 5:28am

James, the following link will get you to the general site where this exploration is going on

http://gomarcellusshale.com/forum/topics/hb1684-royalty-deductions?...

best,

Dan

Permalink Reply by daniel cohen on March 21, 2014 at 8:09am

A rough draft is circulating currently, and is in the process of being tweaked. This will get yo to the site:

http://gomarcellusshale.com/forum/topics/hb1684-royalty-deductions?...

Dan

Permalink Reply by Michael R on February 13, 2013 at 11:45am

Samuel, one of your recent posts was right on the money in my opinion.  I too was at one of the mass lease signing events and witnessed first hand what had occured.  I dont really care what Halcon does because as others have stated previously, they had every right to opt out of honoring the lease agreement for no reason what so ever.  Im not arguing that.  Several have posted the excat language of the lease on this site and it is not really debatable.  Should the landowners had the leases reviewed by their own legal representatives before signing? Sure.  The reason why most didnt was because they were funneled through the lease signings like cattle and for many the first day they saw the lease papers, was the same day they were signed.  M&P/CX pushed the importance of signing quickly with a ficticious deadline. 

The fact is M&P flat out lied to landowners by way of emails, letters and face to face conversations.  This type of action for a legal firm is malpractice, and its against the law.  I truly hope that a group of unpaid landowners gets together and sues M&P for every red cent that they missed out on.

Permalink Reply by Daniel Rupert on February 13, 2013 at 12:55pm

Michael R,

Mr. James Brinks said it best on this site "Having cojones is one thing, having a group willing to take their issues to court is another" He was responding to a previous post. I applaud him and I agree with him 100%! If I were part of this landgroup that were misled, I would be organizing a class-action suit against M&P, plain and simple!

I'am currently seeking justice in my own oil and gas deal.( can't discuss details at this time ) I want people to be honest with me and everyone else. The one thing we can do is seek justice through litigation! It is ugly, time consuming and potentially expensive ( whether you pay a retainer+hourly or agree to give up a percentage via a contigency fee ). I  have chosen to seek justice!

Permalink Reply by Daniel Rupert on February 13, 2013 at 2:57pm

BTW...This will be the first time in 55 years I have ever filed a lawsuit...last June was the first time I ever hired an attorney!

Permalink Reply by Rockjul on February 13, 2013 at 3:29pm

 

Beware it can be a financially draining event if you don't have an honest one. I know from experience they can drag it on and on and on. I don't mean to discourage you maybe I just had a young inexperienced pompous one. I am sure there are good ones out there.

 

Permalink Reply by Daniel Rupert on February 13, 2013 at 3:50pm

@ ROCK'

Fortunately, I had a 32 year insurance career in the Commercial Property and Casualty Insurance Industry. During that career, I underwrote and sold Medical Malpractice Insurance for 10 of those years and understand the cost of any and all litigation. You are right, there are good ones out there. The challenge is to find the one whom is both qualified and has a passion to help people  with their legal problems! It sounds like there are some pretty sound attorneys on this site that also appear to be solid human beings. I wish everybody luck in your group that was duped. I know the feeling...it is not a good one!

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