6th Circuit Panel Revives Gas Royalty Class Action Alleging Breach Of Contract

CINCINNATI - A unanimous Sixth Circuit U.S. Court of Appeals panel overturned a defense summary judgment in an opinion entered May 29 in a natural gas royalty class action on the grounds that the trial court applied the wrong statute of limitations standard; the panel remanded the lawsuit with instructions the trial court consider if the plaintiffs sufficiently pleaded fraudulent concealment to expand the defendants' potential liability beyond the four-year statute of limitations (Regis F. Lutz, et al. v. Chesapeake Appalachia, et al., No. 10-4538 $(consolidated$), 6th Cir.).

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