Ryan Stewart, Author at Oliva Gibbs

Superior Court of Pennsylvania Addresses Enforceability of Competing Arbitration Provisions

August 2023 – In PennEnergy Res., LLC v. Winfield Res., LLC, the Superior Court of Pennsylvania weighed in on the enforceability of competing arbitration clauses within multiple agreements.

Reasonable Diligence: Ohio Appellate Court Provides Context on the Scope of Heirship Searches for Purposes of Ohio’s Dormant Mineral Act

August 2023 – A critical safeguard of Ohio’s Dormant Mineral Act (the “DMA”) is that notice will be provided to the holder of a severed mineral interest, or their successors, thereby allowing that holder an opportunity to respond. The case of Toma v. Devaul, illustrates the importance of conducting a reasonably diligent search for the holders of a severed mineral interest and provides additional context on what exactly that might entail.

West Virginia Supreme Court of Appeals Improper Tax Assessment Does Not Invalidate Tax Sale of Mineral Estate

August 2023 – In Collingwood Appalachian Minerals III, LLC v. Erlewine, the West Virginia Supreme Court of Appeals addressed the recurring issue of whether an improper tax assessment of an unsevered mineral interest separate from the surface estate warrants the invalidation of tax sales of those mineral estate interests.

Author: Ryan Stewart

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