Everflow Eastern sale to Chesapeake

I read the recent article in the Vindy about how the sale of the mineral rights to Chesapeake was a "windfall" for the landowners. This is complete and utter b.s. When those leases were entered into 20-25 years ago the intent of the contract was for the shallow gas rights. Eastern Everflow obtained the benefit of its bargain and still after this sale maintains the rights to the shallow gas rights. This "windfall of $35 million belongs to the landowners. 

Even more appalling is the suggestion that the landowners should freely sign lease amendment agreements with Chesapeake so as to allow for larger pooling agreement/units and not receive a bonus and the 20% royalty rights that most others are getting. 

I have several clients who are not going to stand for this and we are preparing for "war!" 

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Replies to This Discussion

Permalink Reply by Dave on August 7, 2012 at 2:32am

marcus, it is thinly veiled attempt at advertising.....

Permalink Reply by hopeforoil on August 7, 2012 at 2:50am
I'm trying to figure out how a personal injury attorney is qualified to "go to war" against an oil and gas company like chk?? Give me a break
Permalink Reply by Marty Yavorcik on August 7, 2012 at 2:59am

The rules of civil procedure and evidence apply the same in all cases. This case is basic contract law 101 and there is nothing magical or special about it. 

Hope you have read your lease and determined if you have an arbitration clause in there? If you agreed to arbitration look into what happened to people in PA that got into a fight with the O&G company over lease terms and they were not able to sue, had to pay 25K to get their case into arbitration, and had very limited appeal rights. 

Permalink Reply by hopeforoil on August 7, 2012 at 3:06am
I'm not an attorney so not going to attempt to get into a legal debate with you. My one and only point is that if I had an issue regarding to an oil ad gas contract I would hire a qualified oil and gas attorney, not a personal injury attorney attempting to hop on the bandwagon. Buyer beware...
Permalink Reply by Marty Yavorcik on August 7, 2012 at 3:46am

sounds like somebody has been sued and lost before....little sour grapes there hopeforoil? lol

0i7okn54zwbdoPermalink Reply by 0i7okn54zwbdo on August 7, 2012 at 3:50am

Marty does a great job of advertising on his own, doesn't he?

Permalink Reply by Alan Pavlik on August 7, 2012 at 4:16am

I hear a siren outside...i wonder who might be chasing it? lol

Permalink Reply by Marty Yavorcik on August 7, 2012 at 4:18am

yes your right please check out my web site: oops dont have one; or my tv ad: oops dont have one: or my phone book ad: oops dont have one: or even my business number in the phone book: oops its not there either. All my clients are referrals :-p

0i7okn54zwbdoPermalink Reply by 0i7okn54zwbdo on August 7, 2012 at 6:11am

Or check out how I'm selling you the ruse that I'm competent while not knowing the difference between 'your' and 'you're'.  If you're going to argue the semantics of a lease it might help to have a passing knowledge of the language in which they are written.

Permalink Reply by Marty Yavorcik on August 7, 2012 at 6:26am

uh oh i also didn't start each sentence with a "C"ap! its a chat forum not an english test all knowing master grayson LOL!

0i7okn54zwbdoPermalink Reply by 0i7okn54zwbdo on August 7, 2012 at 7:16am

Don't be pissed at me because you're a knucklehead.  That's a you problem.

Permalink Reply by Jimmy Wilson on August 7, 2012 at 4:14am

Agree with Marty 100%, I have contended all along, someone was going to fight this fight via intent upon signing. How is this any different from the deep coal companies coming back and saying they were gonna mine strip coal 60 years later, the court said no you are not, the intent upon signing was what it was, 7, 8A, ect..

These late 70's and early 80's shallow Clinton leases in Eastern Ohio were clearly pitched as shallow wells.

Watching the lawsuit in Stark County, I think it;s Joe Blow vs. Dominion based upon obligated due diligence for development (The second fight I also think could be won)

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