BANKRUPTCY: Yellowstone Club founder’s challenge to Exculpation Clause releasing certain non-debtors from liability for acts or omissions arising out of Ch. 11 proceedings improperly dismissed as equitably moot contrary to law of the case, but Clause — reviewed on the merits by Panel — nevertheless held valid… appeal not dismissed for failure to fully respond to order to show why appeal should persist in wake of purported global settlement… Haddon affirmed (other grounds). [Read more…]
$400,000 judgment, gas common carrier breach
BENCH JUDGMENT: $400,000 stipulated damages awarded to gas producer for breach of common law duty of common carrier inherent in grant of BLM easement by failing to accept gas for transport, operate gathering system on non-discriminatory basis, increase line pressures in adjacent field, and by establishing conditions that reduced production and flow of gas, injunctive relief denied, in case in which facts as to common law duty are sui generis… Strong. [Read more…]