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Supreme Court of Ohio Declines to Answer Certified Questions on Whether Ohio Follows the 'At The Well' Rule for Post-Production Costs

By Ilya Batikov

On November 2nd, the Supreme Court of Ohio issued its decision in Lutz v. Chesapeake Appalachia, L.L.C.   In its opinion, the Court declined to answer a certified question from the Northern District of Ohio regarding whether Ohio follows the “at the well” rule or the “marketable product” theory with respect to post-production costs, leaving it up to the federal court to interpret the parties’ contracts under traditional cannons of contract construction.

To learn more about this decision, read our Client Alert.

Tags: 'Utica Shale', Ohio, Oil and Gas, Energy

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