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WEST VIRGINIA RECORD

Thursday, November 21, 2024

EQT Production alleged to have improperly calculated royalties

Contract 05

FAYETTEVILLE – A Fayetteville owner of 11 parcels of oil, gas and minerals rights alleges a well operator has improperly calculated royalties.

Richard Johnson filed a complaint Feb. 20 in Fayette Circuit Court against EQT Production Co. alleging failure to properly account for royalties, breach of contract and other counts.

According to the complaint, the defendant operates a vertical well on the subject leasehold estate and the plaintiff has received royalty payments on a regular basis. The plaintiff alleges that the defendant has deducted post-production costs "despite no provision for such deductions in the subject lease."

The plaintiff alleges he requested accounting from the defendant for all royalties paid on the well and the defendant failed to provide it. He alleges the defendant improperly calculated the royalties and made improper deductions.

The plaintiff holds EQT Production Co. responsible because the defendant allegedly violated its responsibilities by sending statements that omitted, concealed and/or misrepresented material facts.

The plaintiff seeks compensatory, incidental and punitive damages, attorney's fees, costs, pre- and post-judgment interest and all other equitable and injunctive relief. He is represented by William J. Hanna of Flaherty Sensabaugh Bonasso PLLC in Charleston and Phillip A. Reale in Charleston. The case has been assigned to Circuit Judge John W. Hatcher Jr.

Fayette Circuit Court case number 18-C-26

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