Do courts manage cases “to secure the just, speedy, and inexpensive determination of every action?” (CRCP 1). They should. Here, Plaintiff sought information about thousands of gas wells and contracts, though it sued on far fewer. The trial court permitted broad discovery. In a wide-reaching opinion, the Court reversed and ordered all trial courts to actively manage discovery when objections to scope arise under CRCP 26(b). Those objections should be explicitly addressed in the context of the cost-benefit, proportionality, and other “good cause” factors in CRC 26(b)(2)(F). The Court would not distinguish between discovery of “claims and defenses” and “subject matter,” though the concurrence would have. The Court also reiterated that the attorney-client privilege applies to a Title Opinion if it is a confidential communication made in the course of obtaining advice.
Tag Archives: Oil & Gas
DCP Midstream, LP, v. Anadarko Petroleum Corp.; Kerr-McGee Oil & Gas Onshore LP; and Kerr-McGee Gathering LLC, 2013 CO 36 (June 24, 2013)
Private pipeline companies can condemn property through the governmental power of eminent domain to construct pipelines across private property. That authority was delegated to private pipeline companies in 1907. A divided Court in this case held that companies with pipelines conveying petroleum were not given that power. This case narrowly construes the statute that confers condemnation power to pipeline companies. Descriptions of “pipeline companies” are specifically enumerated in the statute and refer to electrical infrastructure, not oil. Other statutes specifically address substances that may be conveyed by companies with condemnation authority. Here, finding that “pipeline company” refers to the conveyance of any substance through a pipeline would render other specific statutes superfluous. No express or implied authority means no power to condemn.