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Speculative Testimony Doesn’t Cut It in Dimock Case

Constitution Pipeline - MarkindDaniel B. Markind, Esq.
Weir and Partners, LLP

 

Judge in Dimock case orders new trial; plaintiff’s evidence was based on speculative testimony and unable to support the conclusion of the jury.

Last week, Judge Martin Carlson of the Middle District of Pennsylvania kicked asunder one of the pillars of the “Fracking Is Evil” movement when he vacated the jury award of $4.24 million to the plaintiffs in the case of Nolen Scott Ely v. Cabot Oil & Gas Corporation.   The jury verdict, in a case actually tried before Judge Carlson, is the culmination of the now famous Dimock, Pennsylvania situation made famous by “environmental activists” like Josh Fox, Susan Sarandon and Mark Ruffalo.  To the movement, “Dimock” has become synonymous with industry negligence and malfeasance.  Judge Carlson’s opinion now casts doubt on that characterization.

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The “Tragic” Performances That Led to the Dimock Verdict

dimock verdict - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

 

The Dimock verdict overturn by Judge Carlson tells the story of what he describes as a “tragic” pre-trial event and performance by the plaintiffs’ counsel.

Absorbing the full impact of Judge Carlson’s decision overturning the Dimock verdict on Friday requires reading his decision multiple times. There is so, so much there. It is packed full of insights as to how the fractivist cause has been pursued to the detriment of all involved, including the plaintiffs themselves, who were used like puppets in an ideological campaign against oil and gas development. Carlson used the word “tragic” to describe a pre-trial disaster at the hands of Attorney Leslie Lewis, counsel for the plaintiffs. The word is hardly typical of legal argument and obviously wasn’t chosen lightly. It is, nonetheless, absolutely correct.

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StateImpactPA Is Part of A Fractivist Freak Show

bob nolan reports on delaware riverkeeperBob Nolan
Wayne County, Pennsylvania, Landowner

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The March 31st StateImpactPA article entitled “Judge cancels jury award to Dimock families; orders new trial” is a typical fractivist freak show in print.

A glance to the right of the StateImpactPA headline shot below reveals the clutches of the sleazy Heinz Endowments and William Penn Foundation. Both organizations spend millions to deprive middle class citizens of their God given property rights for the benefit of a wealthy few (read all about it here):

StateImpactPA

StateImpactPA is one of their tools.

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Rubin and Ingraffea Play Role in Dimock Verdict Overturn

dimock verdict - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

 

The Dimock verdict now having been overturned, it’s worth looking how fractivist experts did in the eyes of the judge. They didn’t impress him much at all.

Yesterday afternoon came the great news that the Dimock verdict had been overturned by Judge Carlson, the man who heard the entire case. For the record, Carlson not only but bent over backwards to accord the plaintiffs’ counsel respect they refused to give others, but he also stood on his tiptoes, stretched his arms and legs as far as they would go and offered to do somersaults to give the plaintiffs the opportunity to make their case.

Anyone who was there for any part of the trial could see that. Indeed, my view is Judge Carlson went too far in tolerating the plaintiffs’ counsel tactics and wasn’t explicit enough with the jury when he gave final instructions. He also allowed in very speculative expert witness testimony by the plaintiffs though he was anything but impressed by it.

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Truth, Justice and Vindication: Dimock Verdict Overturned

dimock verdict - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

 

The insane Dimock verdict rendered last year has been overturned, the jury’s decision bearing “no discernible relationship to the evidence” says the judge.

Friday can be a wonderful day and this one is especially so. The Dimock verdict rendered last year by an out-of-control jury that paid no attention to the evidence has been overturned. The $4 million award to the plaintiffs has entered the universe of wild dreams from which one awakes to find the world is still right-side up. Truth, justice and vindication have been dispensed.

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The Shrinking Fractivist Play Book Down to the Flea Flicker

NED Pipeline - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

 

The fractivist play book keeps shrinking and they’re now down to flea flicker type moves that attract attention but seldom deliver anything but big losses.

Football, if it weren’t for the ridiculous politicization of the game this year, gets interesting in  December as marginal teams take chances to improve their prospects for getting into title games. One of the oddest of such maneuvers is the flea flicker play. It appears our fractivist friends have resorted to it with a bizarre accusation that the EPA fracking was modified to please the industry. Folks, if the fractivist play book is down to this, the game is over.

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A Fractivist Puts on Doctor’s Clothes to Practice Hypocrisy

Screen Shot 2014-09-02 at 3.45.08 PM

K.J. Rodgers
Crownsville, Maryland  

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The fractivist is a pseudo-environmentalist, substituting ideology and opinion for fact, and neither doctor’s clothing nor credentials will ever change that.

Hot off the trail of Maryland public hearings on natural gas development, we are seeing a lot of fractivist fluff. It’s all aimed at squelching enthusiasm for drilling. Everywhere I look, new op-eds are popping up. So-called environmentalists are hard at work looking for a loophole to stop our natural gas export facility at Cove Point. You almost have to admire their perseverance – if it were not so ignorantly placed.

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Why Dimock Really, Really Loves Fracking

shale gas outrages - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

 

 

There’s no name more frequently associated with fracking than Dimock. Residents, though, contrary to the media narrative, love fracking and here’s why.

Dimock is the name that virtually defines fracking for fractivists. The is despite the fact no one has ever demonstrated a single fracking problem in Dimock. Yes, there have been issues of methane migration. Those pre-existed gas drilling, though, and had zero to do with hydraulic fracturing. Moreover, the EPA found the water was safe. Yet, the myth persists. What’s fascinating to those of us who know the community is this; residents of the community love fracking. They want more of it, in fact. It’s not hard to understand why.

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The Dimock Verdict “An Aberrant Result”

dimock verdict - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

 

The full appeal of the insane Dimock verdict has now been filed and it’s compelling reading of what went wrong in the Scranton Federal Courthouse.

Cabot Oil & Gas has filed its detailed challenge of the Dimock verdict with the court and the introduction is a thing of beauty. We have reproduced it below for interested readers and highly encourage all to review it and also peruse the entire filing, which may be found here. The Dimock verdict was, as Cabot’s attorney’s demonstrate, “an aberrant result.”

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An Insane Dimock Verdict Gets Challenged

dimock verdict - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

 

The Dimock verdict, so insane even the Scranton Times called it jury nullification, is now being challenged, thank goodness. May justice prevail this time.

The jury’s verdict in Scott Ely’s case against Cabot Oil & Gas was so counter to the facts, so opposite the law, so bad, even the Scranton Times used the words “jury nullification” to describe it. It was as if the Dallas Cowboys had scored 10 touchdowns to the Philadelphia Eagles single field goal, only to have the referees call them all back at the very end of the game and declare the Eagles the winners. It had to be challenged and now it has been, as Cabot has filed a compelling motion with the court to throw the whole thing out.

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