Court rules in favor of Rhine Ernest's client in Indiana Ownership of Coalbed Methane Case.

2009-09-16T15:54:12Z

2009-07-24 5 Court rules in favor of Rhine Ernest's client in Indiana Ownership of Coalbed Methane Case.

2009-09-16T17:32:44Z

2009-08-11T07:53:15Z

2006-06-13 4 Court affirms ruling - landowner may not obtain partial cancellation of oil and gas lease.

2009-08-11T07:53:15Z

Following is the decision of the Illinois Appellate Court ruling that coalbed methane gas belongs to the coal estate in Illinois. In this case, a coal owner was represented by John E. Rhine of RhineErnest LLP. The unanimous Fifth District opinion also reaffirmed the longstanding mineral law principle known as the rule of capture. On the question of coalbed methane gas, the case places Illinois within the Eastern Rule. States in the eastern half of the U.S., where coal has been very important for over two centuries, have generally held that the coal owner controls the gas which emanates from coal. Historically, the mine operator controlled it primarily to assure mine safety and the court stated that this should not change just because the gas is now more valuable, a point emphasized by the United Mine Workers in its amicus brief in support the trial court decision. The court noted that a gas producer has no direct interest in coal mine safety. A few western jurisdictions, which do not have a significant underground coal mining history, have sided with the gas estate owner. Industry experts believe the decision will promote development of the resource in Illinois because it provides certainty and because economically viable coalbed methane operations require a large block of reserves and these are already assembled in the coal industry. Ownership of oil and gas rights in Illinois are highly fractionalized and this makes putting together a large contiguous block very difficult. The decision also reaffirmed the rule of capture, which allows a producer to extract gas from under property he controls, even if gas may come under the land from other property. This rule is universal in the United States and is based in large part on the practical conclusion that no one knows with certainty where the oil or gas is coming from anyway. A neighbor who feels he is being drained may drill his own well. State regulations on minimum well spacing also protect landowners from abuses of this principle. In affirming the rule of capture, the court noted another longstanding Illinois mineral rule - the container space doctrine, which holds that the owner of the coal also owns the space left behind after the coal is mined. Use of this space is critical to a mine operation. It is used by Illinois operators for transportation and storage during mining, and for disposal of mine and combustion wastes after mining has ceased.

2009-08-11T07:51:51Z

2006-04-10 3 Court rules - Ownership of Coalbed Methane.

2009-08-11T07:51:51Z

<h2>PRESS RELEASE</h2> <h2>SOUTHERN DISTRICT OF ILLINOIS FINDS CAUSE OF ACTION FOR WORKERS DISCHARGED IN RETALIATION FOR FORMING LABOR UNION</h2> Federal Court Declares that National Labor Relations Act does not preempt Illinois Retaliatory Discharge Law for Workers Improperly Discharged for Unionizing Efforts. EAST ST. LOUIS, IL Late last year, six former healthcare employees of the Robinson Illinois State Correctional Facility, located in Robinson, Illinois brought suit in the United States District Court for the Southern District of Illinois against their former employer, Wexford Health Sources, Inc. Wexford is a national private supplier of health care services to state prison and correctional facilities, based in Pittsburgh, Pennsylvania. According to the Second Amended Complaint filed in the case, the employee-plaintiffs were employed by Wexford, pursuant to the privatization of healthcare services at the state administered correctional facility. Upset over working conditions imposed by Wexford, the employee, in 1996, began efforts to organize into a labor union. However, upon their successfully organizing, the employees were wrongfully discharged by Wexford in retaliation for their unionizing efforts. Wexford sought to have the complaint dismissed, urging the Federal Court that the state-law based claim was preempted by the National Labor Relations Act due to the matter involving conduct which could arguably be considered an unfair labor practice under the National Labor Relations Act. Wexford further urged that the National Labor Relations Board held exclusive jurisdiction over the matter. Chief United States District Court Judge, G. Patrick Murphy disagreed. According to his ruling entered on October 18, 2002, the Plaintiffs state retaliatory discharge claim exists completely independent of any cause of action the Plaintiffs may have had against the employer under the National Labor Relations Act. According to the Court, Illinois possesses a clearly mandated public policy against preventing employees from associating with unions, which supports and provides a cause of action for Plaintiffs wrongful discharge under the state tort of retaliatory discharge. This is a monumental decision, states Stanton D. Ernest who along with William C. Illingworth of the Mt. Carmel, Illinois law firm of Rhine Ernest LLP represent the employees in the matter. This decision provides a cause of action for those employees who are retaliated against by their employers for matters relating to their union activities. Ernest goes on to state, prior to this decision, employees so wronged limited to remedies provided by the National Labor Relations Act or a collective bargaining agreement. Now, these employees have garnered greater rights and remedies under Illinois law... this is a great victory for employees, employee rights organizations, and organized labor. Wexford Health Sources, Inc. is incorporated in the State of Florida and has its main office in Pittsburgh, Pennsylvania. It began offering comprehensive health care services to the jail industry in 1992 and has contracts in more than 55 correctional facilities. It is a wholly owned subsidiary of the Bantry Group Corporation. Wexford is represented in this case by the Chicago, Illinois office of the law firm of Jackson Lewis LLP.

2009-08-11T07:49:54Z

2002-10-18 2 Federal Court finds retaliatory discharge cause of action for union organizing activity.

2009-08-17T19:41:08Z

JURY FINDS IN FAVOR OF WABASH COUNTY ILLINOIS SCHOOL DISTRICT IN SPORTS DISCRIMINATION CASE Jury rules that Mt. Carmel, Illinois High School Soccer Program in compliance with federal law relating to female athletic opportunities. EAST ST. LOUIS, ILLINOIS - After a three day trial, a jury of four women and four men sitting in the United States District Court for the Southern District of Illinois found that Wabash Community Unit School District #348, located in Wabash County, Illinois, to be in compliance with federal law relating to equal opportunities for female student-athletes in the administration of its high school soccer program in Mt. Carmel, Illinois. Under Title IX of the Educational Amendments of 1972 any program receiving Federal financial assistance is precluded from denying female student-athletes the opportunity to participate on athletic teams. In her Complaint filed in the case, Mandalynne Steele, a former student at Mt. Carmel High School alleged she was discriminated against by the School District in that she was not provided varsity playing time on the Mt. Carmel High School varsity soccer team because of her sex. According to the student's complaint, she was allowed on the boys varsity soccer team, however, the coaches denied her playing time based on her gender. Despite the claims of Mandalynne Steele, the school district held firm to its belief that the soccer program was free from sexual discrimination and today, the jury sitting in federal district Court confirmed the District's belief. "This is a great victory for the School District" states Stanton D. Ernest of Rhine Ernest LLP, the law firm retained to defend Wabash Community Unit School District #348. Mr. Ernest adds "Under federal law, the School District is required to provide equal opportunity to female student-athletes and the jury's ruling today enforces our belief that the School District has operated its programs in a gender-neutral environment." "Furthermore," adds Mr. Ernest, "this case sends a message that the School District will not back down when wrongfully accused of violating the rights of its students." The case was filed in March of 2001 and originally brought four claims against certain coaches and administrative personnel of Mt. Carmel High School, as well as, the School District. However, after extensive litigation, all that remained of the four count complaint was the Title IX claim against the school district, which was resolved today with a jury verdict in favor of the District.

2009-08-11T07:47:45Z

2001-01-03 1 Federal Jury rules - no discrimination in high school soccer program.

2009-08-11T07:47:45Z