Let’s assume you own a 175 acre farm in Washington County. Your grandfather acquired the farm back in 1948 from Farmer Brown (the “1948 Deed”). Your grandfather always said that he bought both the surface and oil and gas. In…
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/ Commercial Law & Contracts, Energy & Utilities, Real Estate - Commercial
In a February 7, 2025 decision in Simon v. Sunoco Pipeline LP, No. 2015-3302 (Wash. Cty. February 7, 2025), the Court of Common Pleas of Washington County, Pennsylvania concluded that Sunoco Pipeline LP and Sunoco Logistics…
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/ Civil Procedure, Energy & Utilities, Real Estate - Commercial
Pennsylvania Senate Bill 1346 which was introduced at the end of the 2023-2024 legislative session. Its aim was to restrict the distribution of unconventional gas well fees to municipalities whose zoning ordinances…
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/ Administrative Law, Energy & Utilities, Zoning, Planning & Land Use
In Erie Insurance Exchange v. Hannah Baluch, ___ A.3d ___, 2025 WL 22562 (Pa. Super. Ct., Jan. 3, 2025), the Pennsylvania Superior Court addressed whether an insured with her own automobile insurance policy is entitled to…
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/ Civil Procedure, Insurance, Personal Injury
Let’s assume you inherited a 150 acre farm in Lycoming County that has been owned by your family since 1909. In 2020, you are approached by ABC Drilling about a new oil and gas lease for the farm. You retain counsel and…
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/ Energy & Utilities, Real Estate - Commercial
On December 13, 2024, the Supreme Court of North Carolina broke with the nationwide trend, holding that, absent a virus exclusion, commercial property insurance policies cover losses covered by the shutdown orders issued in…
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/ Business Torts, Civil Procedure, Commercial Law & Contracts, Insurance
As we approach the 20th anniversary of the Marcellus Shale play, one issue remains constant: the ongoing debate over the deduction of post-production costs. Landowners all across Pennsylvania have spent countless hours…
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/ Energy & Utilities, Environmental Law, Zoning, Planning & Land Use
On November 7, 2024, several Pennsylvania state senators from oil and gas producing regions introduced Senate Bill 1346 of 2024, which proposes to change the way that revenues from Pennsylvania’s unconventional well fee are…
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/ Energy & Utilities, Environmental Law, Finance & Banking, Zoning, Planning & Land Use
Let’s assume you own a 135 acre farm in Tioga County, Pennsylvania. In 2020, you negotiate a new oil and gas lease with XYZ Drilling Company. During the negotiations, you insist on a cost free, no deduction royalty of 17%. The…
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/ Commercial Law & Contracts, Energy & Utilities, Real Estate - Commercial, Zoning, Planning & Land Use
A federal district invalidated on a nationwide basis the regulation issued last April by the U.S. Department of Labor that increased the minimum salary required under federal law for employees otherwise qualifying as exempt…
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/ Civil Procedure, Labor & Employment Law
Imagine this: you’re a big-shot movie producer, and you’ve spent years and millions building a blockbuster brand like “Blade Runner 2049”. It’s got Harrison Ford, Ryan Gosling, and some of the most iconic sci-fi scenes in…
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/ Art, Entertainment, & Sports Law, Intellectual Property, Science, Computers, & Technology
Burdens of Proof in Special Exceptions and Conditional Uses After Cogan Properties LLC v. East Union Township Zoning Hearing Board, et al.- Shifting burdens of proof are hallmarks of special exceptions and conditional uses in…
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/ Real Estate - Residential, Zoning, Planning & Land Use
On September 6, 2024, the United States District Court for the Middle District of Pennsylvania denied dueling summary judgment motions concerning the interpretation of a royalty provision in Chambers v. Equinor USA Onshore…
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/ Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Real Estate - Residential
Wilson et al v. USI Insurance Services, LLC, et al., -
In Wilson et al v. USI Insurance Services, LLC et al., No. 20-3124 (3d Cir. Oct. 8, 2024) the Third Circuit recently denied a petition for rehearing on COVID-19 related…
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/ Civil Procedure, Commercial Law & Contracts, Insurance
In a significant ruling, the Hawaii Supreme Court has determined that AIG is not required to provide coverage for a lawsuit against Sunoco subsidiary, Aloha Petroleum. The Hawaii court found a pollution exclusion in AIG’s policy…
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/ Civil Procedure, Environmental Law, Insurance