Our Standards: The Thomson Reuters Trust Principles. STRACK v. CONTINENTAL RESOURCES, INC.2017 OK CIV APP 53Case Number: 114102Decided: 02/08/2017Mandate Issued: 10/27/2017DIVISION IITHE COURT OF CIVIL APPEALS OF THE STATE OF OKLAHOMA, DIVISION II. Perpetual was merely an innocent bystander The former employee, Justin Biggs, pleaded guilty before U.S. District Court Judge Jodi Dishman in Oklahoma City on Nov. 20, 2020, to onecount accusing him of conspiringto commit honest services fraud. Biggs has not yet been sentenced, but he faces a maximum of five years of imprisonment or a fine of $250,000, or both, plus a term of supervised release that could last up to two years. If you get any creepy DMs from Carol Hefner this week talking about her son's innocence, I guess we know why! 25 Furthermore, an accounting is usually sought so that individual monetary relief may be subsequently obtained. Continental Resources Inc. filed a civil lawsuit accusing a title lawyer and a former employee of improperly using the company's confidential drilling information to acquire mineral blocks Continental intended to pursue and resell them to Continental at higher prices. Id. Lease or well identification; 7. Biggs stated he voluntarily conspired with several people including Blaine Dyer to unlawfully share Continentals confidential drilling and leasing plans in exchange for a share in the resulting profits from the purchase and sale of certain leaseholds.. Hallaba v. Worldcom Network Servs. Notably, "post-production costs must be examined on an individual basis to determine if they are within the class of costs shared by a royalty interest." APPEAL FROM THE DISTRICT COURT OF In addition, there is no categorical rule with respect to when post-production costs may be considered for royalty valuation. Sign up for our free summaries and get the latest delivered directly to you. A hybrid class action commonly occurs when plaintiffs seek both injunctive and/or declaratory relief and monetary damages through certification under both a Rule 23(b)(2) and a (b)(3) class. For example, Issue III-A requests the trial court define a "marketable product in relation to the sale or disposition of natural gas. Crashing oil prices have upset several deals in the process of closing. According to the plaintiffs, Casillas Petroleum, Continental Resources backed out of a deal to buy oil and gas properties from Casillas. 1784.1 (3d ed.). Based on our review of the record and applicable law, we reverse. WebDoing things right is one of our most important values at Continental Resources, Inc. or participated or cooperated in an employment discrimination investigation or lawsuit. /marketintelligence/en/news-insights/latest-news-headlines/continental-resources-sues-attorney-former-employee-on-fraud-claims-58927012 Accordingly, the trial court erred in granting certification under 2023(B)(1)(b). However, it dismissed him as a defendant in that case on Dec. 9, 2020. All quotes delayed a minimum of 15 minutes. The state court, in its ruling, denied Continentals claim, stating, The mere fact that a transaction has a material impact on or nexus to a consumer in Oklahoma, without more, is not enough to invoke this states consumer protection laws. Get free summaries of new Oklahoma Court of Civil Appeals opinions delivered to your inbox! 11. This section applies when adjudicating the separate claims of individual royalty owners would "substantially impair or impede" the ability of other royalty owners to protect their interest. The Rapid City Journal reported the Oklahoma City energy firm paid Jerry Janvrin $278,320. I concur and write specially to add that this Opinion does not foreclose consideration of forming a class utilizing the provisions of 12 O.S. 37 We find the requisites for a class action have not been met and reverse the trial court's June 11, 2015, order certifying a hybrid, issue class action. The court's order provides: 16 Section 570.12 of the PRSA requires certain information be included for each property and month of sale with the payment from the sale of oil or gas.6 Howell v. Texaco Inc., 2004 OK 92, 31, 112 P.3d 1154, 1161, stated "[t]he PRSA provisions give the royalty owners a right to be accurately informed of the facts and place a legal duty on the respondents to accurately inform the plaintiffs of the facts on which the royalty payments are based." This is an issue of first impression in Oklahoma, as no Oklahoma court has granted a hybrid class action or applied 2023(C)(6)(a) to maintain a class action with respect to particular issues. I would post a response from one of the scores of people that were sued, but no one has filed one yet. Joe White, part of a team of attorneys representing Dyer in his civil suit against Continental Resources, said Monday I cannot speak to why Justin Biggs said what he said at his plea. New lawsuit accuses Continental Resources of criminal activity reminiscent of Watergate | KFOR.com Oklahoma City A local oil and gas company is suing several parties, including Continental Resources, over interactions and activities they say are 'reminiscent of Watergate.' 2013, 2023, which provides, in relevant part: 11 A party seeking certification of a class action has the burden of satisfying all four requirements of subsection A. Harvell, 2006 OK 24, at 8, 164 P.3d at 1032. Patrick is the founder, editor and publisher of The Lost Ogle. BBB File Opened: 6/4/2008. The lawsuit asks for the Water Supply and Storage Company to pay for damage to the parks natural habitat and other damages. Adam Aguilar made the lawsuit! Section 2023(B)(1)(b). On November 22, 2022 we declared independence. 32 As a result, highly individualized and fact-intensive review of each Class Members' claim would be necessary to determine if Continental underpaid oil or gas royalties. He testified that Dyer, who is named as a co-conspirator in a transcript involving Biggs pleading,had emailed him in December 2013, asking the landman to provide the attorney with Continental Resources information in exchange for a cut of money both Continental Resources civil suit and federal prosecutors claim the defendants obtained through their scheme. Oklahoma County District Court records show Continental Resources originally included Biggs as a defendant in its civil suit. Nmeck Kirschau, kde naleznete termln bazn se slanou vodou, saunou, solnou jeskyn a aromatherapy, to ve ji za 10 Euro na den. The lawsuit is similar to the one Continental filed against Blaine Dyer and his Merry Men back in April of 2020, which Spaulding is connected to as well. It then terminated the agreement on March 24. I've stolen from plenty of my former employers over the years, especially when I was poor and waited tables at Applebee's, but if true, that's quite a bold scheme. Reporting by Liz Hampton; Editing by David Gregorio. Notably, Plaintiffs have alleged millions of dollars in underpayment of oil and gas royalties. Perpetual, a company that acquires minerals, royalties, non-operated working interests, and leasehold in targeted basins across the United States, filed the latest lawsuit in Oklahoma County District Court. 20 Moreover, Plaintiffs cannot establish that certifying the accounting claim is appropriate under 2023(B)(1) and/or (B)(2). The suit was filed under the Oklahoma Consumer Protection Act after Continental learned from a whistleblower in Wollas accounting department notified Continental about systematic overbilling in connection with the arrangement made between the two firms. 5 In support of its motion, Plaintiffs contended 570.12 of the Production Revenue Standards Act (PRSA), 52 O.S.2011, 570.1 et seq., provided a uniform reporting standard that Continental was mandated to comply with, including accurately informing a royalty owner of the facts on which their royalty was based. Plaintiffs alleged failure to pay royalties on all hydrocarbons, improper deductions, insufficient reporting, and failure to receive the best price.1 Plaintiffs asserted Continental engaged in systematic schemes to misreport and skim oil and gas production and royalty proceeds from royalty owners, inter alia. The plan involved 13 other individuals and at least 28 entities that acted as the buyers or leasers, the suit alleged. Plaintiffs have not established that one accounting will answer Continental's behavior with respect to the class as a whole. By: Jack Money The Oklahoman A guilty plea in federal court submitted by a former Continental Resources employee is related to acivil suit filed in Oklahoma County District Court by the oil and gas company against Oklahoma City attorney Blaine Dyer and numerous other defendants. BILLY J. STRACK, Trustee of the Patricia Strack Revocable Trust DTD 2/15/99 and Billy Joe Strack Revocable Trust DTD 2/15/99, and DANIELA A. RENNER, Sole Successor Trustee of the Paul Ariola Living Trust and the Hazel Ariola Living Trust, for themselves and all others similarly situated, Plaintiffs/Appellees, Plaintiffs' amended petition alleges eleven counts, of which ten seek monetary damages. Rumburk s klterem a Loretnskou kapl. Jedn se o pozdn barokn patrov mln, kter byl vyhlen kulturn pamtkou v roce 1958. According to the lawsuit filed on April 15, the two companies struck the agreement on March 6. On Thursday, a spokesperson for Mln byl zaloen roku 1797 a po modernizaci v roce 1863 fungoval do roku 1945. See Mejdrech v. Met-Coil Sys., 319 F.3d 910, 911-912 (7th Cir. 4 A hybrid class action and issue certification are discussed infra, pages 10-11. Continental Resources sues attorney, former employee on fraud claims, Insight Weekly: TMT deals plunge; bank analysts cut 2023 outlook; US retail sales rebound, Infographic: The Big Picture European Outlook 2023, The Pipeline: M&A and IPO Insights | There will be better days for investment banking, The Pipeline: M&A and IPO Insights | It's A Buyers' M&A market, But Not All Sellers Got The Memo. 652, 665 (D. Kan. 2013). Corp., 151 F.3d 402, 418 (5th Cir. Harvell, 2006 OK 24, at 27, 164 P.3d at 1038. 2013, 2023(B)(2), and 12 O.S.2011 and Supp. Documents say Continental is suing Blaine M. Dyer, who Perpetual shares office space with, over an unrelated matter. Seznam skal v okol urench k horolezectv. 2013, 2023(C)(6) (i.e., Issue Certification). I stopped by Blaine's Facebook page to take a look and, well, he probably has more in common with Harold Hamm than he'd like to admit. The suits allegation is the latest development in a tangled legal dispute between Oklahoma City attorney Blaine Dyer, an ex-employee of his firm named Matt Golladay, Continental Resources, and now Perpetual Production LLC. Continental further argued Plaintiffs were seeking 48 advisory opinions on issues that did not resolve the underlying claims, on issues unrelated to numerous prospective class members, and on the meaning and intent of statutes or common law without addressing specific conduct in the case. Maybe Blaine Dyer is innocent of all charges, or better yet, is some Robin Hood of the oil and gas world, stealing from the rich and giving back to the poor a kind, compassionate, selfless man who only wants to help those in need! However, as noted by the trial court in its June 11, 2015, order, a hybrid class action may also occur when a court "bifurcate[s] the litigation into liability and damage phases and then typically begin[s] by determining the defendant's liability; in so doing, courts may certify a (b)(2) class for the liability phase or determine liability using issue certification under Rule 23(c)(4). Mittelstaedt, 1998 OK 7, at 2, 19-20, 954 P.2d at 23 (emphasis added). Any trading and execution of orders mentioned on this website is carried out by and through OPCMarkets. 31 The question of where and when particular gas is marketable is not settled in Oklahoma. 446, 456 (W.D. An Oklahoma lawyer accused of using ill-gotten confidential business information to defraud oil and gas company Continental Resources Inc. pleaded guilty to conspiracy to commit honest services wire fraud just days before his trial was set to begin. (Reuters) - Casillas Petroleum Resource Partners sued Continental Resources Inc, alleging the Oklahoma shale producer last month backed out of a $200 million oil and gas deal as prices crashed. Back on April 20th, when you were hopefully stoned out of your 564 U.S. at 360 (refusing certification of equitable backpay claims). Id. Just like when a restaurant chain puts "We Value Family Values" on their cups, you should always be wary and suspicious of an aspiring oil overlord who leaves a sanctimonious #reflection that muses about his or her moral superiority while experiencing the condition of man. Napklad ndhern prosted v Nrodnm parku esk vcarsko. The price crash of the past month and a half has upended deals for several major companies, including from BP, whichchanged some of the termsof a $5.6 billion sale of its Alaskan business, which analysts think may see the supermajor receive lower cash component for the deal this year. 4 On January 12, 2015, Plaintiffs filed an amended motion to certify, seeking a hybrid, issue class action under 12 O.S.2011 and Supp. Each of the types of royalty provisions will require a different inquiry to determine a Class Members' claim for underpayment of oil or gas royalties. Continental had requested dozens of permits for wells it wanted to drill on federal lands that are part of North Dakota's Bakken formation in 2020, expecting those to be approved by BLM before Jan. 20 this year, which is when President Donald Trump's term in officeended. Has Saudi Arabias Relationship With Russia Reached Its Limits? However, its filings estimate it lost more than $5 million, over time. Oklahoma County District Court records show Continental Resources originally included Biggs as a defendant in its civil suit. However, it dismissed him as a defendant in that case on Dec. 9, 2020. The lawsuit was filed against Wolla Oilfield Services and its owner Jason Wolla in March of 2020. latest-news-headlines 6 Continental responded, objecting to Plaintiffs' request, noting no Oklahoma court had ever certified a hybrid, or issue class. The suit claims a Continental Resources representative gained access to its offices leased space inside a for-sale building owned by Dyers law firm by fraudulently posing as a potential out-of-state buyer. It also suspended its quarterly dividend until further notice as part of its proactive strategy to manage cash flow in a challenging commodity price environment., Oil Storage Crisis Deepens As API Reports Very Large Crude Inventory Build, Another Big Shale Driller Stops Operations In The Bakken, Goldman Sachs Warns Of An Imminent Oil Supply Shortage, Court Seizes Malaysia Oil Firm Assets Amid $15 Billion Dispute, Saudi Arabias Oil Company Slips To Worlds 3rd Largest Company, Why Russia Finally Decided To Cut Its Oil Production, The Fatal Flaw Of The Renewable Revolution, Biden Thinks Oil Will Be Around For A DecadeItll Be Much Longer. We will begin a new chapter in our companys history, one built on our early experience as a private company and the discipline we maintained as a public company. The June 11, 2015, order is therefore reversed and the matter is remanded to the trial court for further proceedings consistent with this opinion. A k tomu vemu Vm meme nabdnout k pronjmu prostory vinrny, kter se nachz ve sklepen mlna (na rovni mlnskho kola, se zbytky pvodn mlnsk technologie). 4. Seznam krytch, venkovnch bazn nebo lzn. The requirements of subsection A are generally referred to as numerosity, commonality, typicality, and adequacy of representation. CJ-2020-1346. A small privately held oil and gas company from Tulsa, Oklahoma, is suing Continental Resources over a deal from which Continental withdrew after oil prices plunged in early March, Reutersreportedon Tuesday, citing a lawsuit filed with the Tulsa County District Court. Rather, Plaintiffs assert the trial court should first resolve what the applicable law is relating to these "core" legal issues thereby "assisting in the advancement and resolution of this action." 1 Continental Resources, Inc. (Continental), appeals a June 11, 2015, order granting Billy J. Strack, Trustee of the Patricia Ann Strack Revocable Trust DTD 2/15/99 and the Billy Joe Strack Revocable Trust DTD 2/15/99, and Daniela A. Renner's, Sole Successor Trustee of the Paul Ariola Living Trust and the Hazel Ariola Living Trust (collectively "Plaintiffs"), amended motion for class action certification. 10 In Oklahoma, class actions are governed by 12 O.S.2011 and Supp. 1 Specifically, Plaintiffs alleged breach of contract and statutory obligations, breach of fiduciary duties, breach of duties to market, breach of duties as operator, actual fraud, deceit, constructive fraud, conversion, unjust enrichment, civil conspiracy, punitive damages, accounting, and a request for a temporary restraining order. The determination of what was actually required to be paid versus what Continental ultimately paid will be different for each Class Member depending on particular lease language. The case is Casillas Petroleum Resource Partners v Continental Resources, Tulsa County Oklahoma district court, No. Im not his lawyer. Well, he's not. Masquat, at 10, at 52-3 (citing Steven S. Gensler, Civil Procedure: Class Certification and the Predominance Requirement under Oklahoma Section 2023(B)(3), 56 Okla. L.Rev. 74-89% of retail investor accounts lose money. The Oklahoma Supreme Court ruled against Continental Resources Inc. this week in a lawsuit in which the Oklahoma City-based oil and gas company alleged it had been overbilled $2.4 million by a North Dakota oilfield company. 26 In the present case, a review of the record reveals that the crux of Plaintiffs' action, including the accounting claim which seeks to determine the amount of damages due each Class Member, is primarily for monetary relief. The Oklahoman which in the past has given Spaulding editorial space entirely due to his last name also got word of the lawsuit and filed a report. You already receive all suggested Justia Opinion Summary Newsletters. Patrick is the founder, editor and publisher of The Lost Ogle. So will we. Amchem Prod. 19 Based on our review of the record and applicable law, there has been no legal determination that a violation of the provisions of the PRSA has occurred such that specific performance would be equitable, i.e., there is a factual dispute such that liability has not been established rendering an accounting equitable at this time. }. The lawsuit, which also targets a third-party real estate agent who gave the Continental Resources representative access to the building, was filed on May 26. The lawsuit is similar to the one Continental filed against Blaine Dyer and his Merry Men back in April of 2020, which Spaulding is connected to as well. "9 Other questions address public policy: Issue III-F provides: "As a matter of public policy, expressed by legislative enactment effective May 8, 2012, do pooling orders entered by the Oklahoma Corporation Commission on or after May 8, 2012, contain an implied covenant to market?". Then, approvals were further delayed when President Joe Biden ordered a review of oil and gas activities on federal lands. 38 REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. The trial court found Plaintiffs' accounting claim was an independent and severable statutory claim that could be considered by the court for injunctive or mandamus relief as a 2023(B)(1) and (B)(2) class. of Educ. 2014); Gulino v. Bd. Continental is an oil and gas company and was a working interest owner and operator that drilled and completed producing wells in such units. at 19, at 1208 (emphasis added); Howell, 2004 OK 92, at 20, 112 P.3d at 1160 ("the courts must carefully scrutinize the figures to determine the correct amount."). 36 For these reasons, the Court finds the trial court erroneously granted Plaintiffs' amended motion for class certification. The deal was set to close roughly three weeks later, according to a lawsuit filed in Tulsa County District Court in Oklahoma. On March 6 numerosity, commonality, typicality, and adequacy of representation would post a response from of. 10 in Oklahoma upset several deals in the process of closing v Continental originally! An unrelated matter one has filed one yet /marketintelligence/en/news-insights/latest-news-headlines/continental-resources-sues-attorney-former-employee-on-fraud-claims-58927012 Accordingly, the suit alleged close. 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