Breach of Contract Claim Arising from Title Dispute Is Allowed to Proceed

HARRISBURG, Pa. - A Pennsylvania federal judge has denied Chesapeake Appalachia's bid for summary judgment on a breach of contract claim brought by landowners who say they resolved a title discrepancy that led Chesapeake to withhold gas bonus payments. Unflat v. Chesapeake Energy Corp., No. 3:10-cv-01422 (M.D. Pa.).

Judge Edwin M. Kosik did conclude in his Oct. 13 order, however, that summary judgment was warranted on plaintiffs' unjust enrichment claim as they could not recover under that theory for a claim based on written documents.

Gunther K. and Margaret M. Unflat allege in their lawsuit that the Chesapeake defendants enriched …