DMCA.com Protection Status
From our private database of 15,400+ case briefs...

Tawney v. Columbia Natural Resources, L.L.C.

Supreme Court of Appeals of West Virginia
633 S.E.2d 22 (W. Va. 2006)


Facts

Garrison Tawney and other oil and gas lessors (plaintiffs) leased oil and gas to Columbia Natural Resources (CNR) (defendant). The plaintiffs all retained one-eighth royalty interests in their leases. CNR routinely deducted post-production costs from the plaintiffs’ royalties before making payment. These costs included (1) delivery from the wellhead to the point of sale, (2) processing, and (3) any losses due to leaks during delivery. The plaintiffs brought a class-action suit against CNR in the Circuit Court of Rowe County, seeking recovery of the deducted amounts. There were 2,258 leases at issue in the class action. Most of the leases stated that the royalty payment would be calculated “at the well,” “at the wellhead,” “net all costs beyond the wellhead,” or “less all taxes, assessments, and adjustments.” CNR filed a motion for summary judgment, arguing that these phrases clarified that the deduction of post-production costs was permissible. The circuit court certified to the Supreme Court of Appeals of West Virginia the question of whether the “at the well” and similar language was sufficient to permit a lessee to deduct post-production expenses from the lessor’s royalty.

Rule of Law

Issue

Holding and Reasoning (Maynard, J.)

What to do next…

  1. 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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. 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. Read more about Quimbee.

Here's why 311,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 15,400 briefs, keyed to 210 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.