Article / The Dynamics of COVID-19 and Force Majeure Clauses in Ohio Oil and Gas Leases

“Force Majeure” is a French term and literally means superior force.  Haverhill Glen v. Eric Petroleum Corp., 2016-Ohio-8030, 67.N.E.3d 845 ¶ 25 (7th Dist.).  It is commonly defined as an event or effect that can be neither anticipated nor controlled.  Black’s Law Dictionary 673-674 (8th Ed. 2004).  Moreover, force majeure clauses are typically included in […]

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Case Study / Extinguishment of Oil and Gas Interests Under the Ohio Marketable Title Act

The Marketable Title Act In 2016 the Ohio Supreme Court held in Corban v. Chesapeake Exploration, LLC (2016-Ohio-5796) that the 1989 Dormant Mineral Act (“DMA”) (O.R.C. § 5301.56) was not a self-executing statue.  Since then surface owners have been turning to the Ohio Marketable Title Act (“MTA”) (O.R.C. § 5301.47-5301.56) as an alternative option to […]

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