Home -> Law Blog Directory -> Class Action Blogs -> Class Action Defense Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Class Action
: Class Action Defense BlogClass Action Defense Cases–Beer v. XTO Energy: Oklahoma Federal Court Grants Class Action Treatment To Class Action Against Defendant Improperly Calculated Royalty Payments
By Michael J. Hassen
Class Action Complaint Challenging Defendant’s Calculation of Royalty Payments based on Inter-Company Sale of Gas to Wholly-Owned Subsidiary Warranted Class Action Treatment Oklahoma Federal Court Holds
Plaintiffs, royalty owners, filed a class action in state court against XTO Energy seeking an accounting of gas produced by certain wells in Texas County, Oklahoma; the class action complaint requested “the legal right to receive a royalty calculated by [XTO]…regarding production from a well in Colorado, Kansas, New Mexico, Oklahoma or Texas.” Beer v. XTO Energy, Inc., ___ F.Supp.2d ___ (W.D. Okla. March 20, 2009) [Slip Opn., at 1]. According to the class action, defendant systematically underpaid royalty owners, id., at 2. After defense attorneys learned that plaintiffs were seeking more than $27 million in damages, they removed the class action to federal court. Id. Plaintiffs moved the district court to certify the litigation as a class action, id. The class action certification motion defined two subclasses: a Kansas subclass consisting of individuals “who receive royalties from at least one well located in Kansas,” and an Oklahoma subclass consisting of individuals “who receive royalties from at least one well located in Oklahoma.” Id., at 2-3. Defendant operates the wells at issue in the class action, and “sells the gas produced from the individual wells to its wholly-owned subsidiary, Timberland Gathering and Processing,” id., at 3. Defense attorneys opposed class action treatment. The district court determined that class action certification was warranted and granted plaintiffs’ motion.
The district court explained that whether class action treatment is warranted “is an intensely fact-based question that is fraught with practical considerations.” XTO Energy, at 4 (citation omitted). After summarizing the well settled rules governing class action certification under Rule 23, see id., at 4-6, the court stated that it was originally concerned with whether plaintiffs were adequate class representatives, id., at 6. Plaintiffs responded by filing supplemental materials, and the district court turned to the merits of the motion, id. The numerosity prong was not at issue, as defendant conceded that plaintiffs could establish it. Id., at 7. The commonality test also was satisfied because defendant’s own employees conceded that differences in lease language did not affect the royalty payments, id., at 9; the federal court therefore agreed that a common question existed as to whether defendant was permitted to base its royalty payments on an inter-company sale, id., at 8-9. And the typicality test was met because plaintiffs had standing to assert claims on behalf of the class; “defendant’s officers and its expert witness conceded that all royalty owners, regardless of well location, are treated identically by defendant for purposes of royalty payments.” Id., at 10. And finally, the court found that plaintiffs and their counsel would adequately represent the interests of the class, id., at 11-12.
Full post as published by Class Action Defense Blog on April 15, 2009 (boomark / email).
Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Self Defense
It's legal to defend yourself and your family
Selection of State Supreme Court Judges
How State Court Judges are Selected
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
Privacy Protection Act 42 USC 21A
Federal Newsroom Law
Payments Begin in Landmark $16 Million Medicaid Class Action
Payments Begin in Landmark $16 Million Medicaid Class Action
Taylor Bean Faces Federal WARN Class Action
Taylor Bean Federal Employment Class Action Filed
Social Security Class Action Launched
to Reinstate Wrongfully Terminated Payments
Final Fantasy XI
Square Enix Faces Class Action over Deceptive Fees and Payments
Class Action Filed Over Incontinence Briefs
Arizona Health Care Faces Federal Class Action over Incontinence Briefs
California Talent Agency, Be Productions, Faces Federal Class Action
California Talent Agency, Be Productions, Faces Federal Class Action

House Investigation Into Plaintiff Lawyer Kickbacks on Class Action Cases
Silberblatt v. Morgan Stanley: seeing through class action recovery claims
Federal Class Action Cases Rose by 72 Per Cent, Study Finds







