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
v.
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

Counsel:

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 10:45am

ND cite:

2007 ND 163

NW cite:

740 N.W.2d 67

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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:

1	01/23/2007	NOTICE OF APPEAL: 01/19/2007
2	01/23/2007	ORDER FOR TRANSCRIPT: 01/19/2007
3	01/25/2007	TRANSCRIPT DATED MARCH 1, 2006
4	01/26/2007	DISK-TRA(3-1-06) ELECTRONIC
5	02/15/2007	Affidavit of Charles F. Webber under Admission Rule 3
6	02/15/2007	Affidavit of Jerry W. Snider under Admission Rule 3
7	02/15/2007	Appearance of Charles F. Webber and Jerry W. Snider authorized under Admission to Practice Rule 3
8	02/13/2007	RECORD ON APPEAL (21 Vol.) w/Separates (Entry Nos.43A, 56, 65, 73, 74, 93, 122, 126, 181, 270, 323,
9	02/13/2007	372,398,409,416,417,420,429,433-438,478,479,488-492,499,516-518,574,588-589,647-649,669,671-673,
10	02/13/2007	676 and 693).
11	03/06/2007	APPELLANT BRIEF
12	03/06/2007	APPELLANT APPENDIX
13	03/06/2007	DISK (atb) electronic
14	03/09/2007	Affidavit of Gary J. Gordon under Admission Rule 3
15	03/09/2007	Appearance of Gary J. Gordon authorized under Admission to Practice Rule 3
16	04/05/2007	APPELLEE BRIEF (e-filed)
17	04/05/2007	E-FILED BRIEF (AEB)
18	04/09/2007	Received $25 surcharge for AEB (Receipt #17343)
19	04/05/2007	Received 7 copies of AEB from Central Duplicating
20	04/19/2007	REPLY BRIEF
21	04/19/2007	DISK - RYB
22	05/25/2007	APPEARANCES: Ronald H. McLean, Gary J. Gordon, Marvin L. Kaiser; Charles F. Webber,
23	05/25/2007	John W. Morrison, Jr.
24	05/25/2007	ARGUED: McLean, Gordon; Webber
25	05/25/2007	ORAL ARGUMENT WEBCAST
26	10/16/2007	DISPOSITION: AFFIRMED
27	10/16/2007	UNANIMOUS OPINION: VandeWalle, Gerald W.
28	10/16/2007	Costs on appeal taxed in favor of Appellee
29	10/17/2007	Order/Judgment Mailed to Parties
30	10/17/2007	Amended Judgment E-Mailed & Mailed to Parties
31	11/16/2007	MANDATE
32	11/21/2007	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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