Daniel 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.