Bang, et al. v. Continental Resources
Citations
- 2025 ND 131
Syllabus
Under a usual oil and gas lease, the lessee, in developing the leased premises, is entitled to use of the land reasonably necessary in producing the oil. Even though the surface rights of the lessee may arise by implication, it is important to note that lessee's rights are primarily governed by the specific grant of rights in the lease. A district court has broad discretion in admitting or excluding evidence at trial, which will not be overturned on appeal absent an abuse of discretion. An appellate court's conclusion a trial court did not abuse its discretion by admitting certain evidence in one case does not mean another trial court abused its discretion by not admitting similar evidence in a different case. The district court has discretion to determine an appropriate sanction for a party's failure to supplement interrogatories and may exclude expert testimony that is beyond the scope of a party's responses to interrogatories. The district court is not required to give instructions in the specific language requested by a party if the instructions given fairly and adequately inform the jury of the law.
Judges: Bahr, Douglas Alan
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3 cases in this archive cite this case.
Cites
46 cases in this archive are cited by this case; the 20 most cited are listed.
- Homer Merriman v. Xto Energy, Inc.Texas Supreme Court· 2013-06-21· cited 540×
- Pannu v. Land Rover North America, Inc.California Court of Appeal· 2011-01-19· cited 139×
- Getty Oil Company v. JonesTexas Supreme Court· 1971-05-26· cited 118×
- Gary Merchant v. Corizon Health, Inc.Ninth Circuit· 2021-04-02· cited 100×
- Greyhound Lines, Inc. v. Robert Wade and Archway Cookies, Llc, Doing Business as Specialty FoodsEighth Circuit· 2007-04-24· cited 83×
- Bellemare v. Gateway Builders, Inc.North Dakota Supreme Court· 1988-03-07· cited 76×
- Johnson v. Monsanto Co.North Dakota Supreme Court· 1981-02-24· cited 47×
- Vorachek v. Citizens State Bank of LankinNorth Dakota Supreme Court· 1988-03-04· cited 46×
- Williston Farm Equipment, Inc. v. Steiger Tractor, Inc.North Dakota Supreme Court· 1993-08-10· cited 40×
- Kenneth Ray Lee, Thomas J. Lyons & Associates v. First Lenders Insurance Services, Inc.First Circuit· 2001-01-09· cited 34×
- Schaefer v. Souris River Telecommunications CooperativeNorth Dakota Supreme Court· 2000-10-26· cited 31×
- Broadcort Capital Corp. v. Summa Medical Corp.Tenth Circuit· 1992-08-17· cited 31×
- Wolf v. Estate of SerightNorth Dakota Supreme Court· 1997-12-19· cited 30×
- Hunt Oil Co. v. KerbaughNorth Dakota Supreme Court· 1979-08-22· cited 30×
- Dewitz Ex Rel. Nuestel v. EmeryNorth Dakota Supreme Court· 1993-11-10· cited 29×
- Minto Grain, LLC v. TibertNorth Dakota Supreme Court· 2009-12-17· cited 28×
- Feland v. Placid Oil CompanyNorth Dakota Supreme Court· 1969-10-30· cited 28×
- Christman v. EminethNorth Dakota Supreme Court· 1973-10-01· cited 27×
- Krenz v. XTO Energy, Inc.North Dakota Supreme Court· 2017-02-16· cited 25×
- Schlossman & Gunkelman, Inc. v. TallmanNorth Dakota Supreme Court· 1999-05-19· cited 23×
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