Patrick L. Stein

Representative Experience

Energy Industry

• Defended multiple oil and gas producers in putative class actions alleging underpayment of royalties on natural gas production. Defeated class certification in statewide case testing the limits of Naylor Farms, Inc. v. Chaparral Energy, LLC, 923 F.3d 779 (10th Cir. 2019). Leverage gained by defeating class certification allowed client to resolve litigation favorably. Other cases were either voluntarily dismissed by the plaintiffs or resulted in favorable settlements for the producers.
• Defended more than a dozen oil and gas producers and first purchasers in putative class actions alleging violations of Oklahoma Production Revenue Act and seeking late payment interest and punitive damages. Obtained favorable class settlements for clients.
• Obtained dismissal of federal court putative class action alleging underground injection of produced water from oil and gas operations caused earthquake insurance premiums to increase. Also represented operators on appeal, and dismissal affirmed.
• Obtained summary judgment in favor oil and gas operator against other working interest owners in dispute involving joint operating agreement. Successfully enforced preferential right provision contained in joint operating agreement.
• Defended multiple oil and gas well operators in state and federal putative class actions alleging underground injection of produced water caused earthquakes that damaged the plaintiffs’ properties. Successfully defeated class certification in two cases and obtained favorable class settlement in third.
• Defended multiple oil and gas well operators in state court mass tort actions alleging underground injection of produced water caused earthquakes that damaged the plaintiffs’ properties. Most clients were dismissed either as a result of motion practice or voluntarily by the plaintiffs. Remaining clients obtained favorable settlements.
• Defended multiple oil and gas producers in state and federal court lawsuits alleging that hydraulic fracturing during completion of new horizontal wells damaged nearby vertical wells. Served as trial counsel in a two-day, federal court jury trial that resulted in judgment as a matter of law against one plaintiff and a verdict for the other plaintiff that was less than 25% of its demand. Other cases were either voluntarily dismissed by the plaintiffs or settled on favorable terms.
• Obtained summary judgment in favor of wind farm developer in federal court anticipatory nuisance action in which the plaintiffs sought to enjoin construction and operation of a wind farm.
• Defended four oil and gas producers in federal court putative class action involving alleged release of toxic substances from disposal facility. Obtained dismissal of plaintiffs’ claims from district court and that judgment was affirmed on appeal by the Tenth Circuit Court of Appeals.

General Litigation

• Represented bank in foreclosure action that involved counterclaims for fraudulent lending practices. Obtained summary judgment ruling that defendant was personally liable on the note.
• Obtained dismissal of federal products liability putative class action alleging an electrical switch controlling the headlights in a certain vehicle was defective.
• Obtained summary judgment in favor of a commercial real estate closing agent in a case involving allegations that the client was negligent in preparing closing documents.
• Represented grain and seed company in federal court lawsuit against manufacturer of commercial malting equipment.
• Represented grain and seed company in arbitration before National Grain and Feed Association. Client alleged seller of rye failed to delivery merchantable rye over several years.
• Defended family trust in state court lawsuit concerning the value of certain farmland and oil and gas minerals in Canadian County, Oklahoma. Served as trial counsel in two-day non-jury trial. Obtained favorable decision from trial judge and on appeal.
• Represented large seedstock cattle operation in bankruptcy claims litigation arising out of client’s purchase of a ranch, registered cattle, and other assets. Served as trial counsel in a four-day non-jury trial in Nebraska federal bankruptcy court. Following trial, client was able to confirm a plan of reorganization.

Reported Cases

• Griggs v. New Dominion, LLC, 2022 OK CIV APP 42, 523 P.3d 62
• Kunneman Properties, LLC v. Marathon Oil Company, 2022 WL 1766925 (N.D. Okla. 2022)
• Frank v. Crawley Petroleum Corp., 992 F.3d 987 (10th Cir. 2021)
• Adams v. Eagle Road Oil, LLC, 403 F. Supp. 3d 1197 (N.D. Okla. 2019)
• Meier v. Chesapeake Operating, L.L.C., 778 F. App’x 561 (10th Cir. 2019)
• Meier v. Chesapeake Operating, L.L.C., 324 F. Supp. 3d 1207 (W.D. Okla. 2018)
• Koppitz v. Chesapeake Energy Corporation, 2018 OK CIV APP 50, 421 P.3d 319
• Nichols v. Chesapeake Operating, LLC, 718 Fed. App’x 736 (10th Cir. 2018)
• U.S. Energy Develop. Corp. v. Stephens Energy Group, LLC, 662 Fed. App’x 556 (10th Cir. 2016)
• Dinwiddie v. Suzuki Motor of Am., Inc., 111 F. Supp. 3d 1202 (W.D. Okla. 2015)