The Ohio Court of Appeals for the Seventh District recently affirmed the entry of default judgment on a Marketable Title Act claim in 4 Quarters, LLC v. Hunter, finding that the due diligence to locate heirs was sufficient and service by publication was appropriate.
Continue Reading Ohio Court of Appeals determines due diligence to find heirs under Marketable Title Act and service by publication were sufficient to uphold default judgment

Relying on a 2018 decision from the United States Court of Appeals for the Third Circuit, a Pennsylvania district court reaffirmed that Religious Freedom Restoration Act (RFRA) claims against a Federal Energy Regulatory Commission (FERC)-regulated pipeline must be made initially to FERC.  Adorers of the Blood of Christ v. Transco. Gas Pipe Line Co.
Continue Reading Religious Freedom Restoration Act claims against FERC-regulated pipeline must be presented initially to FERC, regardless of damages sought

In the Tennant v. Range Res. Appalachia decision issued on Sept. 21, 2021, Judge Hardy of the Western District of Pennsylvania determined that unless an oil and gas lease expressly shifted the burden to the defendant lessee, the plaintiff lessors bore the burden of proof on their claim of underpaid royalties.
Continue Reading Plaintiff lessors bear burden of proof in royalty breach claim