The Third Circuit Court of Appeals issued a precedential opinion with important implications for Federal Rule of Civil Procedure 19. Epsilon Energy commenced a federal lawsuit seeking declaratory and injunctive relief against Chesapeake Appalachia, asking the District Court to interpret joint operating agreements that governed gas […] READ MORE
News Category: Legal Alerts
United States District Court for the Middle District of Pennsylvania Enters Judgment for Producer-Lessees in Royalty Payment Dispute After Determining Third Party Wellhead Sales Were Valid and at Arms-Length
The United States District Court for the Middle District of Pennsylvania entered summary judgment in favor of producer-lessees Callon (Marcellus) LLC, Reliance Holdings, and BKV against a class of lessors who asserted royalty payment claims under identical production and valuation terms in oil and gas […] READ MORE
Myers Brier & Kelly Represents Chesapeake Appalachia in Third Circuit Appeal Interpreting Joint Operating Agreements and Triggering a Challenge to Subject Matter Jurisdiction
On January 25, 2023, the Third Circuit Court of Appeals conducted oral argument in an appeal from dismissal of Epsilon Energy USA, Inc.’s declaratory judgment action against Chesapeake Appalachia based upon a series of joint operating agreements to which Chesapeake Appalachia, Epsilon, and multiple, unnamed […] READ MORE
Myers Brier & Kelly Argues in Third Circuit on Behalf of EQT Amici to Oppose Proctor Heirs Trust’s Quiet Title Challenge to Century Old Tax Sale Involving Ownership of Mineral Rights
On January 11, 2023, the Third Circuit Court of Appeals conducted oral argument in a quiet title dispute between the Pennsylvania Game Commission and the Proctor Heirs Trust involving a dispute over the ownership of mineral rights and implicating Pennsylvania’s post-Revolutionary tax sale regime which […] READ MORE
MBK Prevails on Appeal in Pennsylvania Superior Court
The Pennsylvania Superior Court affirmed a verdict that MBK secured for a client in the trial court. Suzanne Scanlon prevailed in obtaining summary judgment as to liability in a breach of contract action through requests for admission which were deemed admitted. The court later held […] READ MORE
U.S. Supreme Court Recognizes Prescription Practices Outside the Norm Are Not Necessarily Criminal
The U.S. Supreme Court made it more difficult for the government to prosecute doctors for prescribing controlled substances in a decision issued on June 27, 2022. In Ruan v. United States, No. 20-1410, the Court held that, to secure a conviction under the Controlled Substances […] READ MORE
MBK wins major federal criminal trial in Harrisburg
Bill Fetterhoff of MBK obtained an acquittal on all counts in a federal criminal jury trial on Wednesday. In United States v. Dennis Lee Charles, Jr., MDPA No. 1:20-CR-20, the United States Attorney for the Middle District of Pennsylvania (Harrisburg) filed a six count indictment […] READ MORE
Obtaining Guardianships in the Healthcare Setting
Frank Brier, Patrick Walsh, and Lisa Bothwell recently delivered a substantive continuing legal education presentation on guardianships in the healthcare setting. The presentation focused on obtaining guardianships to assist providers with healthcare decision-making and placing patients in the medically appropriate clinical setting. Frank, Pat, and […] READ MORE
MBK Secures Summary Judgment Win in Breach of Settlement Agreement
MBK secured a summary judgment win for a military defense contractor in the US District Court for the Middle District of Pennsylvania in a case involving breach of a settlement agreement. Helicopter Helmet commenced actions against Gentex in federal court in Delaware and state court […] READ MORE
MBK in the Center of the Ring in Pennsylvania’s 2020 Election Law Fights
Myers, Brier & Kelly, LLP serves as co-counsel for Secretary of the Commonwealth Kathy Boockvar in a trio of cases relating to implementation of new provisions in the Election Code concerning mail-in voting. In the first case, Pa. Democratic Party v. Boockvar, No. 133 MM 2020, 2020 […] READ MORE