F. Ferrell DAVIS, Plaintiff-Petitioner and Cross-Respondent,
v.
DEVON ENERGY CORPORATION, et al., Defendants-Respondents and Cross-Petitioners.
Phillis Ideal and Collins Partners, Ltd., a Texas limited partnership, Plaintiffs-Petitioners and Cross-Respondents,
v.
BP America Production Company, Defendant-Respondent and Cross-Petitioner.
Smith Family, L.L.C., for itself and all others similarly situated, Plaintiff-Petitioner and Cross-Respondent,
v.
Conocophillips Company, a Delaware corporation, Defendant-Respondent and Cross-Petitioner.
Supreme Court of New Mexico.https://leagle.com/images/logo.png
September 15, 2009.
September 15, 2009.
Attorney(s) appearing for the Case
Peifer, Hanson & Mullins, P.A., Charles R. Peifer, Robert E. Hanson, Matthew R. Hoyt, Eaves & Mendenhall, P.A., John M. Eaves, Sutin, Thayer & Browne, P.C., Derek V. Larson, Albuquerque, NM, Mary E. Walta, P.C., Mary E. Walta, Santa Fe, NM, for Petitioners and Cross-Respondents.
Montgomery & Andrews, P.A., Sarah M. Singleton, Sharon T. Shaheen, Holland & Hart, L.L.P., Michael H. Feldewert, Mark F. Sheridan, Michael O. Campbell, Robert J. Sutphin, Jr., Kristina E. Martinez, Santa Fe, NM, Holland & Hart, L.L.P., Scott S. Barker, Denver, CO, for Respondents and Cross-Petitioners.
Supreme Court of New Mexico.
OPINION
CHÁVEZ, Chief Justice.
{1} In these consolidated class actions, Plaintiff royalty owners allege on behalf of themselves and those similarly situated that Defendant gas producers have improperly deducted from Plaintiffs' royalty payments the costs of making coalbed methane (CBM) gas "marketable." Plaintiffs claim that despite the differing language in the various royalty agreements, Defendants in every case have breached an implied...
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