Ritter, Laber & Assoc. v. Koch Oil

20070029 Ritter, Laber and Associates, Inc.;
Elizabeth Cantarine, Personal
Representative of the Estate of
Eugene A. Burdick; and Russell L.
Kiker, Plaintiffs and Appellants
Koch Oil, Inc., a division of Koch
Industries, Inc., Defendant and Appellee

Appeal from: District Court, Southwest Judicial District, Stark County
Judge Zane Anderson
Nature of Action: Oil, Gas and Minerals
Appellant: Serkland Law Firm
Appellant: Kaiser Law Firm
Appellant: Lawyer not licensed in N.D.
Appellee: Fleck, Mather & Strutz
Appellee: Lawyer not licensed in N.D.
Appellee: Lawyer not licensed in N.D.
Term: 05/2007   Argument: 05/25/2007
ND cite: 2007 ND 163
NW cite: 740 N.W.2d 67

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.Did the district court err in failing to reform the settlement agreement to correct a mathematical error in the ratio used to compute the actual distribution from the settlement fund to individual class members?
II.Did the district court err in its award of attorneys' fees where it required fees to be based on the actual distribution to the class and did not consider the "results achieved and actual benefit conferred on the class," as required in Rule 23(p)(5)?
III.Did the district court err in its award of a limited incentive payment to the three class representatives each of whom made substantial contributions to this class action including contacting class counsel and generating the theory for recovery, giving depositions, providing affidavits, responding to discovery requests, attending hearings and preparing for trial over the ten year course of this class action?

Appellee's Statement of the Issues:
I. The court should affirm the district court's denial of contract reformation.
II. The court should affirm the district court's award of attorneys' fees.
III. The court should either dismiss plaintiffs' appeal from the district court's decision regarding "incentive payments" because they waived the right to appeal that decision, or affirm the district court's decision in its entirety.

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Docket entries:
101/23/2007 NOTICE OF APPEAL: 01/19/2007
201/23/2007 ORDER FOR TRANSCRIPT: 01/19/2007
301/25/2007 TRANSCRIPT DATED MARCH 1, 2006
401/26/2007 DISK-TRA(3-1-06) ELECTRONIC
502/15/2007 Affidavit of Charles F. Webber under Admission Rule 3
602/15/2007 Affidavit of Jerry W. Snider under Admission Rule 3
702/15/2007 Appearance of Charles F. Webber and Jerry W. Snider authorized under Admission to Practice Rule 3
802/13/2007 RECORD ON APPEAL (21 Vol.) w/Separates (Entry Nos.43A, 56, 65, 73, 74, 93, 122, 126, 181, 270, 323,
902/13/2007 372,398,409,416,417,420,429,433-438,478,479,488-492,499,516-518,574,588-589,647-649,669,671-673,
1002/13/2007 676 and 693).
1103/06/2007 APPELLANT BRIEF
1303/06/2007 DISK (atb) electronic
1403/09/2007 Affidavit of Gary J. Gordon under Admission Rule 3
1503/09/2007 Appearance of Gary J. Gordon authorized under Admission to Practice Rule 3
1604/05/2007 APPELLEE BRIEF (e-filed)
1704/05/2007 E-FILED BRIEF (AEB)
1804/09/2007 Received $25 surcharge for AEB (Receipt #17343)
1904/05/2007 Received 7 copies of AEB from Central Duplicating
2004/19/2007 REPLY BRIEF
2104/19/2007 DISK - RYB
2205/25/2007 APPEARANCES: Ronald H. McLean, Gary J. Gordon, Marvin L. Kaiser; Charles F. Webber,
2305/25/2007 John W. Morrison, Jr.
2405/25/2007 ARGUED: McLean, Gordon; Webber
2710/16/2007 UNANIMOUS OPINION: VandeWalle, Gerald W.
2810/16/2007 Costs on appeal taxed in favor of Appellee
2910/17/2007 Order/Judgment Mailed to Parties
3010/17/2007 Amended Judgment E-Mailed & Mailed to Parties
3111/16/2007 MANDATE
3310/19/2017 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 05/21/2018