OPT OUT OF DEMCHAK SETTLEMENT!!!! Do not give in to Chesapeake. - GoMarcellusShale.com2024-03-28T11:16:22Zhttps://gomarcellusshale.com/forum/topics/notice-of-preliminary-approval-of-class-settlement-in-demchak?commentId=2274639%3AComment%3A701211&feed=yes&xn_auth=noI get it BPW.
Thx.tag:gomarcellusshale.com,2015-10-20:2274639:Comment:7020242015-10-20T02:40:05.708ZJoseph-Ohiohttps://gomarcellusshale.com/profile/JosephEPowell
I get it BPW.<br />
<br />
Thx.
I get it BPW.<br />
<br />
Thx. When Chesapeake leaves…tag:gomarcellusshale.com,2015-10-19:2274639:Comment:7017652015-10-19T14:50:44.590Z0ym9x5ag7ury2https://gomarcellusshale.com/xn/detail/u_0ym9x5ag7ury2
<p> When Chesapeake leaves Ohio like a scalded dog, whoever they sell our leases to will have to follow them verbatim.</p>
<p>Everyone needs to keep their leases unaltered by the courts or you will be kicking your own backsides when the next O&G company pays per our leases.</p>
<p>If the next O&G company doesn't want to pay a fair royalty, we'll walk them to the state line for violating our state laws, since they won't be able to afford to buy the shale state elected officials like…</p>
<p> When Chesapeake leaves Ohio like a scalded dog, whoever they sell our leases to will have to follow them verbatim.</p>
<p>Everyone needs to keep their leases unaltered by the courts or you will be kicking your own backsides when the next O&G company pays per our leases.</p>
<p>If the next O&G company doesn't want to pay a fair royalty, we'll walk them to the state line for violating our state laws, since they won't be able to afford to buy the shale state elected officials like the big company did.</p>
<p>You know I'm right!</p>
<p>Hey, there are 3 shale state gov's and one shale state elected official running for President. Let's make sure they know how US landowners feel about politicians who don't do the will of the people.</p>
<p></p>
<p>One more thing. It's time we consider the fact that corporations running our government is worse than having the Church run our government as our Founding Fathers knew that the Church would interfere with the Will Of The People the same way the Corporations are now doing.</p>
<p>Who disagrees with this fact?</p>
<p></p> Thts is whattag:gomarcellusshale.com,2015-10-19:2274639:Comment:7016802015-10-19T14:39:28.441ZBilly Park Whydehttps://gomarcellusshale.com/profile/BillyParkWhyde
<p>Thts is what</p>
<p>Thts is what</p> Queried the internet for a me…tag:gomarcellusshale.com,2015-10-19:2274639:Comment:7019402015-10-19T06:12:29.162ZJoseph-Ohiohttps://gomarcellusshale.com/profile/JosephEPowell
Queried the internet for a meaning of the words (Latin I guess) 'Res Judicata' and came up with the following explanation :<br></br>
<br></br>
Res Judicata : 'a matter that has been adjudicated by a competent court and may not be pursued further by the same parties.'<br></br>
<br></br>
So my head tells me that if they (the lessee) were actually using 'below market prices' to calculate royalty payouts to lessors; and any lessor and the lessee 'settled' on that method; that if the lessee continued using that…
Queried the internet for a meaning of the words (Latin I guess) 'Res Judicata' and came up with the following explanation :<br/>
<br/>
Res Judicata : 'a matter that has been adjudicated by a competent court and may not be pursued further by the same parties.'<br/>
<br/>
So my head tells me that if they (the lessee) were actually using 'below market prices' to calculate royalty payouts to lessors; and any lessor and the lessee 'settled' on that method; that if the lessee continued using that method going forward (after 'settlement', and why wouldn't they ?) that the lessor couldn't re-litigate as that feature of the argument was determined and settled upon becoming the 'final judgement' and described as 'Res Judicata'.<br />
<br />
My take : not good / wouldn't 'settle' risking the behaviors to continue subsequent.<br />
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But that's only me (a neighbor / hopeful future lessor, with no involvement in this specific instance'; other than concerns affecting potential future). So - not my call to make.<br />
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Good luck to all of us as I think we need it. Looked up the legal prase 'di…tag:gomarcellusshale.com,2015-10-18:2274639:Comment:7019172015-10-18T09:04:30.096ZJoseph-Ohiohttps://gomarcellusshale.com/profile/JosephEPowell
Looked up the legal prase 'dismiss with prejudice' and found the following Wikipedia definition :<br />
<br />
"The inverse phrase is dismissal with prejudice, in which the plaintiff is barred from filing another case on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it; dismissal without prejudice is not."<br />
<br />
That doesn't answer my question of what would happen if the same behavior(s) that the original…
Looked up the legal prase 'dismiss with prejudice' and found the following Wikipedia definition :<br />
<br />
"The inverse phrase is dismissal with prejudice, in which the plaintiff is barred from filing another case on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it; dismissal without prejudice is not."<br />
<br />
That doesn't answer my question of what would happen if the same behavior(s) that the original argument was about, occurred again (in the future, after accepting the 'settlement terms' of the 1st instance) - but guessing it would establish precedent; and if additional instances ended up in additional arguments / legal embroilments, that the outcome would be the same as in the 1st instance.<br />
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Just my guesses / thoughts on it as I try to understand what's happening here.<br />
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Good luck to all of us as I still think we all need it. James,
What about going forw…tag:gomarcellusshale.com,2015-10-17:2274639:Comment:7016382015-10-17T15:15:46.579ZJoseph-Ohiohttps://gomarcellusshale.com/profile/JosephEPowell
James,<br/>
<br/>
What about going forward ?<br/>
<br/>
Would more 'below market prices' be used to calculate royalty payouts ?<br/>
<br/>
Would there be another lawsuit waiting in the wings based on the 'settlement precedent' established in the 1st ?<br/>
<br/>
Never ending litigation / more 'legal fodder' ?<br/>
<br/>
I wonder.
James,<br/>
<br/>
What about going forward ?<br/>
<br/>
Would more 'below market prices' be used to calculate royalty payouts ?<br/>
<br/>
Would there be another lawsuit waiting in the wings based on the 'settlement precedent' established in the 1st ?<br/>
<br/>
Never ending litigation / more 'legal fodder' ?<br/>
<br/>
I wonder. By accepting the settlement…tag:gomarcellusshale.com,2015-10-17:2274639:Comment:7015982015-10-17T13:15:06.331Zjames mcmeechanhttps://gomarcellusshale.com/profile/jamesmcmeechan
<p> By accepting the settlement you will dismiss with prejudice all claims in the original suit. If one of the claims was Chesapeake was selling the gas at below market prices, you would not be allowed to litigate those claims again. If I hired an attorney to recover losses because of deductions and sales at below market prices, and he came up with this settlement, I would find a new attorney.</p>
<p> Every day thousand of cases are tried in courts throughout the United States. Each case has…</p>
<p> By accepting the settlement you will dismiss with prejudice all claims in the original suit. If one of the claims was Chesapeake was selling the gas at below market prices, you would not be allowed to litigate those claims again. If I hired an attorney to recover losses because of deductions and sales at below market prices, and he came up with this settlement, I would find a new attorney.</p>
<p> Every day thousand of cases are tried in courts throughout the United States. Each case has at least two attorneys, one for one against, The only outcome that is certain, is that 50% of the attorneys will lose. Chose your representative wisely.</p> The way I would interpret it…tag:gomarcellusshale.com,2015-10-17:2274639:Comment:7014962015-10-17T11:33:27.544ZJoseph-Ohiohttps://gomarcellusshale.com/profile/JosephEPowell
The way I would interpret it would be that all past tresspasses would be forgiven (by acceptance of the settlement's terms) - wouldn't anyone ?<br />
<br />
One question in my mind (related to your very astute observation) and one I would ask; would be if by accepting the terms of the settlement, would the lessor also be agreeing to be paid royalty on the basis of 'below market prices' going forward ?<br />
<br />
I wonder.
The way I would interpret it would be that all past tresspasses would be forgiven (by acceptance of the settlement's terms) - wouldn't anyone ?<br />
<br />
One question in my mind (related to your very astute observation) and one I would ask; would be if by accepting the terms of the settlement, would the lessor also be agreeing to be paid royalty on the basis of 'below market prices' going forward ?<br />
<br />
I wonder. The class action settlemen…tag:gomarcellusshale.com,2015-10-17:2274639:Comment:7014932015-10-17T11:09:01.993Zjames mcmeechanhttps://gomarcellusshale.com/profile/jamesmcmeechan
<p> The class action settlement states on page 2, paragraph B "further allege that Chesapeake used below-market sales prices to calculate royalty payments". I do not see the price for the gas sold at below market price addressed anywhere in the settlement. Did I miss it, or was this suit not also about the price paid for the gas? It seems the price paid could be worth more than the deductions.</p>
<p> The class action settlement states on page 2, paragraph B "further allege that Chesapeake used below-market sales prices to calculate royalty payments". I do not see the price for the gas sold at below market price addressed anywhere in the settlement. Did I miss it, or was this suit not also about the price paid for the gas? It seems the price paid could be worth more than the deductions.</p> Is it a precedent ?
Or is it…tag:gomarcellusshale.com,2015-10-16:2274639:Comment:7014772015-10-16T21:04:06.207ZJoseph-Ohiohttps://gomarcellusshale.com/profile/JosephEPowell
Is it a precedent ?<br />
<br />
Or is it a precedent only by virtue of the specific magistrate's / judge's ruling / determination / opinion ? Could that vary among the magistrates / judges presiding over any individual incident / case ?<br />
<br />
If so why does Contract Law exist ?<br />
<br />
Very troubling indeed.
Is it a precedent ?<br />
<br />
Or is it a precedent only by virtue of the specific magistrate's / judge's ruling / determination / opinion ? Could that vary among the magistrates / judges presiding over any individual incident / case ?<br />
<br />
If so why does Contract Law exist ?<br />
<br />
Very troubling indeed.