Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
A compilation of commercial real estate rulings in courts across the country
In Dressler Family v. PennEnergy Resources, 2022 PA Super 77 (2022), Pennsylvania's Superior Court held that a provision in an oil, gas and mineral lease that established the royalty due to the landowner to one-eighth of "gross proceeds received from the sale of gas at the prevailing price for gas sold at the well" did not allow the gas company to deduct post-production costs from the royalties owed to the landowner. Jacob and Charlotte Dressler hold title to certain real property situated in Lancaster and Connoquenessing townships, Butler County, Pennsylvania. In March 2007, they executed an oil and gas lease with William McIntire Coal, Oil and Gas. The terms of the lease permitted the lessor to drill wells on the Property and provided that the Dresslers would be paid a royalty of "an amount equal to one-eighth of the gross proceeds received from the sale of same at the prevailing price for gas sold at the well, for all native gas saved and marketed for the said premises, payable monthly."
As the terms "gross proceeds" and "sold at the well," were not defined in the lease, a disagreement arose between the Dresslers and PennEnergy (the successor in interest to William McIntire Coal, Oil and Gas) as to whether the lessor was permitted to deduct post-production costs from the royalties paid to the landowner. The Dresslers commenced an action in the Butler County Common Pleas Court seeking a declaratory judgment that the deduction of such costs was not permitted. Both parties filed motions for summary judgment, and the trial court entered summary judgment for PennEnergy, taking the position that the terms of the lease were unambiguous, and permitted the deduction of such costs.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Ideally, the objective of defining the role and responsibilities of Practice Group Leaders should be to establish just enough structure and accountability within their respective practice group to maximize the economic potential of the firm, while institutionalizing the principles of leadership and teamwork.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?