5th Circ. Reverses Class Cert. In Devon Royalty Row

By Michael Phillis (October 16, 2018, 8:36 PM EDT) -- The Fifth Circuit on Tuesday reversed a lower court's decision to certify a class of natural gas royalty owners that have accused Devon Energy Production LP of shorting them on royalty payments, saying that the statute of limitations and other issues weren't fully considered by the district court.

In a per curiam decision, the panel backed up a significant part of the plaintiffs bid for class certification, but said that the lower court didn't look closely enough at the issue of predominance, which is whether the questions common to class members "predominate over any questions affecting only individual members." The panel...

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