Timothy J. Bomhoff

Representative Experience

• Obtained dismissal in federal court of putative bilateral class action in which plaintiff landowners sought monetary damages and the invalidation of all oil and gas leases held by energy companies in Osage County, Oklahoma. Judgment affirmed on appeal to the Tenth Circuit.
• Obtained summary judgment in favor of a subsidiary of a Fortune 500 company in a lawsuit alleging violation of the Oklahoma Production Revenue Standards Act.
• Obtained summary judgment in favor of oil and gas producer in a quiet title breach of contract action to determine ownership of leases arising out of a purchase and sale agreement.
• Obtained summary judgment in favor of a subsidiary of a Fortune 500 company in a preferential rights claim on the defense of laches.
• Successfully represented Oklahoma Oil and Gas Association (OKOGA) in filing original jurisdiction action in Supreme Court of Oklahoma challenging the regulatory authority of Kingfisher County Commissioners to ban the use of produced water in temporary lines within the county.  The Oklahoma Supreme Court struck down the Kingfisher County Commissioners’ ban on the use of produced water in temporary lines.
• Obtained dismissal for oil and gas operating companies following removal under the Class Action Fairness Act of 2005 (CAFA) to federal court in a putative class action where the plaintiffs alleged tort claims relating to the alleged release of toxic substances from disposal facilities. Judgment affirmed on appeal to the Tenth Circuit.
• Obtained summary judgment for oil and gas company in federal putative class action where plaintiffs alleged violations of Sections 11, 12(a)(2), and 15 of the Securities Act of 1933, because a registration statement for an offering was alleged to be materially false and misleading. Affirmed by Tenth Circuit Court of Appeals.
• Obtained dismissal of client as a defendant in a lawsuit alleging liability for indemnification and contribution for cleanup of an abandoned bulk oil station and above-ground storage tank system.
• 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. Continuing to represent injection well operators on appeal.
• Obtained dismissal of claims asserted against two oil and gas producers in federal court putative class alleging disposal of produced water from oil and gas operations caused certain earthquakes.
• Defended oil and gas producer in federal lawsuit alleging client’s predecessor in interest damaged the plaintiffs’ producing vertical oil and gas well in the course of drilling and completing a horizontal oil and gas well in the adjacent section. Was first-chair attorney in two-day jury trial. The two plaintiffs sought damages in excess of $ 1 million. Obtained judgment as a matter of law as to one plaintiff, and the jury came back with a verdict awarding damages of only $220,000 to the other plaintiff.
• Defended oil and gas producer in two federal court cases where the plaintiff alleged client’s drilling and completion of horizontal oil and gas wells damaged the plaintiff’s nearby vertical wells. Obtained favorable settlements in both cases.
• Defended oil and gas operator in state court lawsuit alleging client’s operation of saltwater disposal well contributed to earthquakes near Oklahoma City and Edmond. Litigation strategy caused plaintiffs to dismiss client from case prior to responding to a motion for summary judgment and to ultimately settle their claims on terms favorable to client.
• Obtained dismissal of a publicly traded oil and gas exploration and production company in a quiet title lease cancellation for a non-commercial production case in which the plaintiff asserted a claim for slander of title and sought actual and punitive damages.
• 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 the farm.
• Successfully represented a Fortune 500 company in a declaratory judgment action seeking to determine the rights and obligations of the parties under an Environmental Indemnification Agreement concerning two Superfund sites.
• Obtained favorable settlement on behalf of two exploration and production companies in a quiet title, lease cancellation, trespass and conversion case involving a section of land in Canadian County, Oklahoma.
• Obtained a favorable settlement for two subsidiaries of a Fortune 500 company in a lawsuit alleging surface damages, nuisance and trespass.
• Obtained favorable settlement on behalf of a Fortune 500 company‘s subsidiary in a quiet title/adverse possession dispute in Coal County, Oklahoma, involving mineral rights owned by the client.
• Defended major oil and gas exploration and production corporation in a purported statewide class action in which plaintiffs alleged oil and gas operators failed to pay for the use of bar ditches to lay temporary water lines.
• Currently defending multiple oil and gas producers in putative class actions alleging underpayment or late payment of royalties. Was primarily responsible for removing several of these cases to federal court under the Class Action Fairness Act (CAFA).
• Currently defending several oil and gas injection well operators in more than two dozen cases in state and federal courts alleging the underground injection of produced water has caused an increase is seismicity in certain parts of Oklahoma. Some cases are putative class actions and others are actions where several individual plaintiffs have joined together in the same lawsuit. The plaintiffs generally seek to recover property damages and damages for alleged interference with use and enjoyment of property.
• Currently defending several oil and gas producers in more than 15 cases pending in state and federal courts in which the plaintiffs allege clients’ use of hydraulic fracturing treatment during completion of horizontal oil and gas wells have caused damages to plaintiffs’ oil and gas wells.
• Currently defending several publicly traded independent oil and natural gas companies against claims for quiet title, lease cancellation, failure to pay revenues and production, accounting fraud, and fraudulent misrepresentation.
• Currently defending a subsidiary of one of the world’s largest independent oil and natural gas exploration and production companies in an action where plaintiffs are claiming damages under the Oklahoma Production Revenue Standards Act as well as claims for breach of the reasonably prudent operator standards.
• Currently defending a major exploration company in a quiet title action involving the interpretation of a private election letter.
• Currently defending a Fortune 500 company in a federal putative class action case alleging environmental contamination in Blackwell, Oklahoma.
• Currently representing a subsidiary of a Fortune 500 company in a CERCLA (Superfund) contribution lawsuit.