- 24 - operator and perhaps owed an even higher fiduciary or ‘quasi- fiduciary duty’.” Mr. Glasser concluded that the net effect of the two orders could only have greatly encouraged the royalty owners and correspondingly discouraged Exxon about the probability that Exxon would prevail on its claim against the royalty owners. Additionally, Mr. Glasser believed that the District Court would have found it inequitable for the royalty owners to be accountable for any interest that accrued as a result of Exxon’s perceived intractability before the DOE. Thus, Mr. Glasser felt that the orders would have motivated Exxon to settle the royalty owners’ cases on a highly discounted basis. On the basis of Mr. Glasser’s personal experience representing companies of Exxon’s stature in controversial matters such as DOE litigation, he believed Exxon would be eager to end the matter quickly and discreetly. Mr. Glasser also considered the fact that Mr. Knowles, the attorney for the Allen parties, whom Mr. Glasser described as a most able practitioner of oil and gas litigation, had recommended rejection of Exxon’s offer to settle the claims against the Allen parties. In order to make a valuation determination, Mr. Glasser took into consideration evidence of predeath events, and he assigned mathematical probabilities to: (1) Whether the royalty owners would be held liable to Exxon; (2) Exxon’s claim for recoupment of the base amount paid to the DOE; and (3) Exxon’s claim forPage: 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