- 23 - opinion was based principally upon the District Court’s orders issued before decedent’s death regarding the liability issue in that case. In Mr. Glasser’s opinion, the documents relating to the Jarvis Christian litigation indicated that there was a great deal of uncertainty surrounding Exxon’s claim against the royalty owners. On one hand, the District Court found that Exxon had the right to seek recovery from the royalty owners under a theory of equitable recoupment. On the other hand, Mr. Glasser believed that the District Court’s orders were discouraging to Exxon concerning the probability that Exxon would prevail on its claim. Mr. Glasser believed that Exxon and the royalty owners, at the time of decedent’s death, could have anticipated that there was a “greater likelihood” that Exxon would be awarded substantially less than all of the damages that it claimed. As part of his valuation determination, Mr. Glasser relied on the District Court’s orders entered on August 25 and November 7, 1989. In the August 25, 1989, order, the District Court declared that Exxon had a viable cause of action for equitable recoupment against the royalty owners, but it also noted that the court was inclined to dismiss Exxon’s claim against the royalty owners. In the November 7, 1989, order, the District Court stated that it “remains persuaded that Exxon at least owed the royalty interest owners the duty to act as a reasonably prudentPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011