concluding the trial court erred in granting certification where the “question of where and when particular gas is marketable” was not settled and a “highly individualized and fact- intensive review” would be necessary to assess whether royalties had been underpaid
How later courts described this case
- concluding the trial court erred in granting certification where the “question of where and when particular gas is marketable” was not settled and a “highly individualized and fact- intensive review” would be necessary to assess whether royalties had been underpaid
- denying class certification where a “highly individualized and fact-intensive review of each Class Members’ claim would be necessary to determine if Continental underpaid oil or gas royalties”
- "While it is easy to articulate the marketable-product rule, application of it to a particular circumstance is difficult. Doing so in the class action context is even more difficult[.]" (footnote omitted)
- “[U]nder Oklahoma law, lessees have an implied duty of marketability, i.e., the lessee must bear the full cost of any services required to put gas in a marketable condition, except where a lease expressly allows deductions for the costs.”
Written by the judges who cited it.
The opinion
RAPP, J.,
concurring specially:
I concur and write specially to add that this Opinion does not foreclose consideration *142 of forming a class utilizing the provisions of 12 O.S. Supp. 2015 2023(B)(3). .