FAQs - Class Action Lawsuit against Chesapeake Exploration, LLC

1. What is the nature of the lawsuit against Chesapeake?

The lawsuit is brought on behalf of certain named individuals, Merrell and Lucille Witt and others, and on behalf of a class of similarly-situated persons who did not receive the originally agreed upon leasing bonus from Chesapeake when those persons leased or agreed to lease their minerals to Chesapeake. The damages sought in the case are the amount of unpaid leasing bonuses due such persons. Please see a copy of the Original Complaint filed in the federal court in Marshall, Texas in the Litigation Documents section of this site.

2. What is a Class Action?

A class action is a procedure which "saves the resources of both the courts and the parties by permitting an issue potentially affecting every [class member] to be litigated in an economical fashion under Rule 23 [of the Federal Rules of Procedure]." Califano v. Yamasaki, 442 U.S. 682 (1979). It is for the federal court in which the lawsuit is filed to decide whether a class action suit may be maintained. A class can be certified if it meets the criteria set out in the federal rules. If the federal court decides the class may be maintained or "certified", the court will direct that the class members be given "the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort." Fed. R. Civ. P. 23(c)(2)(B). If the class is certified, the federal court and the jury [to be selected at the time of trial] will proceed to determine if there was a breach of contract and damages in the form of unpaid lease bonuses due the respective class members.

3. How much will it cost me to get involved in this lawsuit?

If the federal court certifies a class action and if you are a member of the class [by falling within the definition of the class set out by the court], then you will not individually bear any cost or expense. In class actions, attorneys' fees, costs and expenses are awarded in the court's discretion, generally from the recovery to the class.

4. Am I permitted to hire my own individual lawyer to pursue my claim?

Yes, you are entitled to do that.

5. Do I have to engage the firm of Cotton, Bledsoe, Tighe & Dawson, P.C. as my attorneys?

The firm of Cotton, Bledsoe, Tighe & Dawson, P.C. seeks to represent the class as a whole, not individuals, other than the individuals named in the lawsuit. Therefore, Cotton, Bledsoe, Tighe & Dawson, P.C. is not asking you to engage the firm as your individual attorneys.

6. How can I get additional information about the lawsuit?

You can contact our law firm at (877) 878-5532 or e-mail us at ClassAction@cbtd.com. An attorney from the firm will return your call or e-mail with additional information.