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Stirman v. Exxon Corporation

Because differences in the law of the jurisdictions at issue demonstrate that the law is not uniform as to any implied covenant to market, or at least that the plaintiffs have not demonstrated uniformity, the plaintiffs have not met their burden of showing that there are common issues of law or fact, or that these predominate over individual issues.

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Appeal from the United States District Court for the Western District of Texas

The plaintiffs in this class action case, John Stirman and Beth Blakemore Hunter, allege that defendant Exxon Corporation breached its lease obligations to them and to a class of similarly situated individuals by violating an implied covenant to market the natural gas and natural gas liquids (collectively, “natural gas”) that were the subject of the leases. Exxon allegedly did so by transferring the natural gas within its own divisions at a lower price than the price realized in third party sales, causing the royalty owners to receive lower royalty payments. The plaintiffs moved for class certification and the district court twice denied their motions, but in its second order called for an evidentiary hearing on the matter. After the hearing, the district court certified a class consisting of:

(1) All private persons and private entities who own or owned royalty interests under leases located in the continental United States,

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