Contracts Are Still King After Pa. Oil Drilling Case

Law360, New York ( February 9, 2015, 10:58 AM EST) -- Earlier this month, U.S. District Judge John E. Jones III in the Middle District of Pennsylvania completely adopted the "extremely thorough, well-reasoned" recommendations of a magistrate judge and dismissed almost all of a plaintiff's claims arising from alleged water well contamination related to a defendants' nearby drilling operations. See Ely et al. v. Cabot Oil & Gas Corp., et al., Dkt. No. 3:09-cv-2284 (M.D. Pa.) (J. Carlson). The opinion offers an important reminder to Pennsylvania practitioners to include adequate factual support for claims asserted in the Commonwealth. Vague and unsubstantiated claims and assertions will not succeed, particularly when those claims allege fraudulent conduct. The decision also underscores the commitment of Pennsylvania courts to uphold the express provisions of a written contract....

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