From our private database of 35,400+ case briefs...
Shell Rocky Mountain Prod., LLC v. Ultra Resources, Inc.
United States Court of Appeals for the Tenth Circuit
415 F.3d 1158 (10th Cir. 2005)
Shell Rocky Mountain Production, LLC (Shell) (plaintiff) and Ultra Resources, Inc. (Ultra) (defendant) operated oil and gas leases on jointly owned property. The parties had entered into a settlement agreement that contained, among other things, an exculpatory clause and an excessive cost clause. The exculpatory clause stated that Shell “shall conduct all . . . operations in a good and workmanlike manner, but it shall have no liability as Operator to the other parties for losses sustained or liabilities incurred, except such as may result from gross negligence or willful misconduct.” The excessive costs clause stated that the Shell was required to incur costs commensurate with other operators and to complete the well at prevailing rates in the area. Shell brought suit for breach of the settlement agreement. Ultra counterclaimed that Shell breached the settlement agreement by charging excessive drilling and operation costs. Shell argued that the exculpatory clause absolved it of any excessive cost liability because its charges did not amount to gross negligence or willful misconduct. The trial court granted Shell summary judgment. Ultra appealed.
Rule of Law
Holding and Reasoning (Seymour, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 616,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 616,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.