Goliath vs. David
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http://wnep.com/2017/12/11/attorneys-argue-cabot-lawsuit-in-susquehanna-county/
Attorneys Argue Cabot Lawsuit in Susquehanna County
Posted 5:31 pm, December 11, 2017, by Jim Hamill
MONTROSE -- It's being compared to the battle of David and Goliath in Susquehanna County. Lawyers for Cabot Oil and Gas were in court Monday over a lawsuit against an outspoken landowner who says his drinking water was contaminated by fracking.
Cabot was seeking $5 million from a property owner and his attorneys who sued the natural gas company earlier this year.
After the hearing, Cabot will remove that dollar amount from its lawsuit for now while a judge decides if the case can move forward.
Ray Kemble has been in the news before. The resident of Dimock in Susquehanna County is once more facing off against Cabot Oil and Gas in court.
"This is just a way to shut the people up of the county and of the state and I just don't think it's right," Kemble said.
Outside the courthouse in Montrose, Kemble and his attorney talked about the trouble he's had finding a lawyer after Cabot sued the outspoken landowner back in August. That's one of the reasons Kemble wants more time to mount a defense in the lawsuit against him.
"It's always difficult to find a new lawyer when the old lawyer just got sued representing you in the same matter," said Kemble's attorney Rich Raiders.
Roughly five years ago, Kemble was one of several landowners in Susquehanna County that settled a lawsuit with Cabot Oil and Gas. Part of that settlement meant Kemble couldn't speak poorly of Cabot or release details of that agreement.
In 2017, Kemble filed another suit against Cabot, and Cabot says Kemble violated that initial settlement with the company.
Cabot is suing Kemble and his attorneys, claiming they are trying to extort money from the company.
A spokesperson for Cabot won't comment on why the company first asked for $5 million in the lawsuit. The gas company's attorneys agreed to withdraw that amount for now.
"That still doesn't say they won't try to go after $5 million against somebody who is judgment-proof. That's just intimidation and nothing more," Raiders said.
Cabot's spokesperson tells Newswatch 16:
The judge is supposed to rule at a later date on the issues in the lawsuit argued in court.
While Cabot claims Kemble violated the settlement agreement, Kemble also contends Cabot did as well.
http://www.pahomepage.com/news/judge-hears-arguments-in-water-pollution-lawsuit/879390905
MONTROSE, SUSQUEHANNA COUNTY (WBRE/WYOU) - A natural gas company is looking for monetary damages from one of its outspoken critics in Susquehanna County.
Earlier this year, Ray Kemble of the Dimock-area was slapped with a $5 million lawsuit by Cabot Oil & Gas.
Lawyers from both sides appeared in Susquehanna County court Monday to argue motions in front of a judge.
As Ray Kemble showed up to court, he was joined by several friends who oppose natural gas drilling in Susquehanna County.
Cabot Oil & Gas is now suing the Dimock man saying he filed a frivolous federal lawsuit against their company in April.
"This is just a way to shut the people up of the county and of the state and I just don't think it's right!" Ray Kemble said after the hearing.
Kemble says fracking done by Cabot contaminated his drinking water.
In 2012, he reached a settlement with Cabot Oil & Gas which forbids him from talking about the issue but he hasn't stopped.
His attorney compares the case to David and Goliath.
"A lot of it is Goliath acting out in a way that you would expect Goliath to behave which is you little David, you keep your place in line and that's as far as it goes," Kemble's attorney Rich Raiders said.
Since Cabot first filed its lawsuit back in August, Ray Kemble says he's contacted at least 30 different attorneys to represent him. None of the lawyers he contacted would represent him until he found Rich Raiders firm two weeks ago.
After Monday's hearing, Cabot Oil & Gas released a statement saying Kemble was paid money years ago.
The statement, from spokesman George Stark, says:
"Cabot has sued the Speer law firm and the other attorney defendants seeking to enforce its agreement with Mr. Kemble and to be compensated for the wrongful filing of the meritless suit by his attorneys.
Mr. Kemble agreed to a settlement with Cabot in exchange for money years ago. He has since breached the terms of that agreement on numerous occasions and continues to do so.
Today’s court actions are steps we must take to pursue justice."
When Cabot's lawsuit was initially filed, the company intended to seek $5 million in damages from Kemble and his lawyers.
"Do I look like I have $5 million," Kemble said with a laugh.
Kemble says this case is bigger than him and he doesn't plan to go away quietly.
"Just remember, David took out Goliath. I'm David!" Kemble said.
During Monday's hearing, Cabot Oil & Gas agreed to take out the $5 million amount that was in its original lawsuit.
Monday's hearing involved some preliminary motions that were involved in the civil lawsuit.
The judge did not make any immediate decisions.
Copyright 2017 Nexstar Broadcasting, Inc. All rights reserved.
This materi
http://fox56.com/news/local/cabot-oil-and-gas-company-sues-dimock-man-for-disparagement
MONTROSE,
SUSQUEHANNA COUNTY (WOLF) -- Cabot Oil and Gas Company argued in court
Monday that Dimock Township resident Ray Kemble damaged their name and
now owes them money.
Kemble was one of several residents who have spent a decade engaging the company over water contamination and gas fracking in their area.
"It's about the pollution, the air, our way of life. Before industry was here, this was all farm community. It's about the people, It's not just me," said Kemble after today's hearing.
The natural gas driller says Kemble breached the terms of his pre-existing settlement agreement from 2012 by speaking out against them.
Kemble filed another lawsuit earlier this year over alleged continued water pollution, which a lawyer for Cabot called "frivilous with evil motive," saying he recycled old claims.
A statement today from Cabot Spokesperson George Stark says:
Kemble's lawyer equates this to a 'David and Goliath' story.
"A lot of it is Goliath acting out in a way that you would expect Goliath to behave, which is, 'you little David, you keep your place in line and that's as far as it goes," said Raiders.
Last year, the Agency for Toxic Substances and Disease Registry did tests on the township's water and found there were elevated levels of some chemicals, including methane, arsenic and lead.
The Department of Environmental Protection has issued Cabot with 290 violations in Dimock Township alone since 2009, however none since December of 2016.
Ray Kemble still says his water is polluted.
Cabot's 2012 settlement agreement is sealed and Kemble has filed a motion to make it public.
The judge did not immediately rule in this case.
The initial $5 million dollars sought by Cabot was dropped in court, and their attorneys said they are now seeking 2017 damages and repayment for attorney fees.
Associated Press
https://www.washingtonpost.com/national/energy-environment/gas-driller-make-homeowner-pay-for-disparaging-us/2017/12/11/d85c54f2-de9d-11e7-b2e9-8c636f076c76_story.html
Gas
driller: Make homeowner pay for disparaging us
Dimock resident Ray Kemble speaks with reporters outside the Susquehanna County Courthouse in Montrose, Pa., Monday, Dec. 11, 2017. Cabot Oil & Gas Corp. is suing Kemble and his former attorneys, claiming they filed a frivolous lawsuit against it. (Michael Rubinkam/Associated Press)
By Michael Rubinkam | AP December 11
MONTROSE, Pa. — A gas driller argued in court Monday that it’s entitled to monetary damages from a Pennsylvania homeowner who continued bad-mouthing the company after settling his water-contamination lawsuit against it more than five years ago.
Houston-based Cabot Oil & Gas Corp. claims Dimock resident Ray Kemble and his former lawyers tried to extort the company through a frivolous federal lawsuit that recycled already-settled claims against Cabot. The lawsuit, which was filed in April but withdrawn two months later, accused Cabot of polluting Kemble’s water supply anew.
Cabot says the claims in Kemble’s suit were the subject of a 2012 settlement between Cabot and dozens of Dimock residents, including Kemble. Cabot’s suit also claims Kemble has repeatedly breached the 2012 agreement by publicly talking about the company.
The company is seeking monetary damages against Kemble and his former lawyers. The first hearing in the case was held Monday.
Kemble and his new lawyer said Cabot is trying to use the legal system to chill dissent and discourage attorneys from taking on contamination cases.
“This is just a way to shut the people up of the county and of the state, and I just don’t think it’s right,” Kemble told reporters. “We the people have the right to talk.”
Cabot’s lawyers said the company merely wants Kemble to abide by the terms of the settlement, which forbids him from talking to the media about his water supply.
Kemble, who’s long been one of the most outspoken anti-drilling activists in Pennsylvania, disparaged Cabot by making “false, unsubstantiated claims,” company lawyers said in a filing.
Pennsylvania regulators previously held Cabot responsible for polluting residential water wells in Dimock, a tiny crossroads that has long been one of the central battlegrounds in the fight over gas drilling and fracking.
Cabot remains banned from drilling in a 9-square-mile area of Dimock, which is in the heart of the gas-rich Marcellus Shale rock formation in northeastern Pennsylvania.
Cabot won a default judgment against Kemble in October because he failed to respond to the company’s lawsuit in time. Kemble asked the judge Monday to set aside the judgment, saying he’d been rejected by 30 lawyers and was forced to represent himself before attorney Rich Raiders recently agreed to take the case.
Kemble also asked the judge to rule that he’s entitled to immunity under a Pennsylvania law that affords liability protection to individuals seeking enforcement of state or federal environmental laws.
The judge did not immediately rule.
The federal government returned to Dimock over the summer to investigate ongoing complaints about the quality of the drinking water. Government scientists collected samples from 24 homes, including Kemble’s, testing the water for bacteria, gases and chemicals and the indoor air for radon.
Homeowners got the first batch of results — for methane — in October. The Agency for Toxic Substances and Disease Registry, a federal public health agency, told homeowners that in all but two homes, the tests either failed to detect methane or detected it at low levels. The agency noted that methane levels can fluctuate from day to day.
Copyright 2017 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
MONTROSE -- It's being compared to the battle of David and Goliath in Susquehanna County. Lawyers for Cabot Oil and Gas were in court Monday over a lawsuit against an outspoken landowner who says his drinking water was contaminated by fracking.
Cabot was seeking $5 million from a property owner and his attorneys who sued the natural gas company earlier this year.
After the hearing, Cabot will remove that dollar amount from its lawsuit for now while a judge decides if the case can move forward.
Ray Kemble has been in the news before. The resident of Dimock in Susquehanna County is once more facing off against Cabot Oil and Gas in court.
"This is just a way to shut the people up of the county and of the state and I just don't think it's right," Kemble said.
Outside the courthouse in Montrose, Kemble and his attorney talked about the trouble he's had finding a lawyer after Cabot sued the outspoken landowner back in August. That's one of the reasons Kemble wants more time to mount a defense in the lawsuit against him.
"It's always difficult to find a new lawyer when the old lawyer just got sued representing you in the same matter," said Kemble's attorney Rich Raiders.
Roughly five years ago, Kemble was one of several landowners in Susquehanna County that settled a lawsuit with Cabot Oil and Gas. Part of that settlement meant Kemble couldn't speak poorly of Cabot or release details of that agreement.
In 2017, Kemble filed another suit against Cabot, and Cabot says Kemble violated that initial settlement with the company.
Cabot is suing Kemble and his attorneys, claiming they are trying to extort money from the company.
A spokesperson for Cabot won't comment on why the company first asked for $5 million in the lawsuit. The gas company's attorneys agreed to withdraw that amount for now.
"That still doesn't say they won't try to go after $5 million against somebody who is judgment-proof. That's just intimidation and nothing more," Raiders said.
Cabot's spokesperson tells Newswatch 16:
"Mr. Kemble agreed to a
settlement with Cabot in exchange for money years ago. He has
since breached the terms of that agreement on numerous
occasions and continues to do so.
"Today's court actions are steps
we must take to pursue justice."
"David took out Goliath. I'm David," Kemble responded.The judge is supposed to rule at a later date on the issues in the lawsuit argued in court.
While Cabot claims Kemble violated the settlement agreement, Kemble also contends Cabot did as well.
http://www.pahomepage.com/news/judge-hears-arguments-in-water-pollution-lawsuit/879390905
Judge hears arguments in water pollution lawsuit
Natural gas company suing Dimock landowner
MONTROSE, SUSQUEHANNA COUNTY (WBRE/WYOU) - A natural gas company is looking for monetary damages from one of its outspoken critics in Susquehanna County.
Earlier this year, Ray Kemble of the Dimock-area was slapped with a $5 million lawsuit by Cabot Oil & Gas.
Lawyers from both sides appeared in Susquehanna County court Monday to argue motions in front of a judge.
As Ray Kemble showed up to court, he was joined by several friends who oppose natural gas drilling in Susquehanna County.
Cabot Oil & Gas is now suing the Dimock man saying he filed a frivolous federal lawsuit against their company in April.
"This is just a way to shut the people up of the county and of the state and I just don't think it's right!" Ray Kemble said after the hearing.
Kemble says fracking done by Cabot contaminated his drinking water.
In 2012, he reached a settlement with Cabot Oil & Gas which forbids him from talking about the issue but he hasn't stopped.
His attorney compares the case to David and Goliath.
"A lot of it is Goliath acting out in a way that you would expect Goliath to behave which is you little David, you keep your place in line and that's as far as it goes," Kemble's attorney Rich Raiders said.
Since Cabot first filed its lawsuit back in August, Ray Kemble says he's contacted at least 30 different attorneys to represent him. None of the lawyers he contacted would represent him until he found Rich Raiders firm two weeks ago.
After Monday's hearing, Cabot Oil & Gas released a statement saying Kemble was paid money years ago.
The statement, from spokesman George Stark, says:
"Cabot has sued the Speer law firm and the other attorney defendants seeking to enforce its agreement with Mr. Kemble and to be compensated for the wrongful filing of the meritless suit by his attorneys.
Mr. Kemble agreed to a settlement with Cabot in exchange for money years ago. He has since breached the terms of that agreement on numerous occasions and continues to do so.
Today’s court actions are steps we must take to pursue justice."
When Cabot's lawsuit was initially filed, the company intended to seek $5 million in damages from Kemble and his lawyers.
"Do I look like I have $5 million," Kemble said with a laugh.
Kemble says this case is bigger than him and he doesn't plan to go away quietly.
"Just remember, David took out Goliath. I'm David!" Kemble said.
During Monday's hearing, Cabot Oil & Gas agreed to take out the $5 million amount that was in its original lawsuit.
Monday's hearing involved some preliminary motions that were involved in the civil lawsuit.
The judge did not make any immediate decisions.
http://fox56.com/news/local/cabot-oil-and-gas-company-sues-dimock-man-for-disparagement
Cabot Oil and Gas Company sues Dimock Township man for disparagement
Cabot Oil and Gas Company sues Dimock man for disparagement
Kemble was one of several residents who have spent a decade engaging the company over water contamination and gas fracking in their area.
"It's about the pollution, the air, our way of life. Before industry was here, this was all farm community. It's about the people, It's not just me," said Kemble after today's hearing.
The natural gas driller says Kemble breached the terms of his pre-existing settlement agreement from 2012 by speaking out against them.
Kemble filed another lawsuit earlier this year over alleged continued water pollution, which a lawyer for Cabot called "frivilous with evil motive," saying he recycled old claims.
A statement today from Cabot Spokesperson George Stark says:
Mr. Kemble agreed to a settlement with Cabot in exchange for money years ago. He has since breached the terms of that agreement on numerous occasions and continues to do so. Today's court actions are steps we must take to pursue justice."The court's now going to have to decide who breached, when did they breach and who has what obligations," said Kemble's attorney, Rich Raiders.
Kemble's lawyer equates this to a 'David and Goliath' story.
"A lot of it is Goliath acting out in a way that you would expect Goliath to behave, which is, 'you little David, you keep your place in line and that's as far as it goes," said Raiders.
Last year, the Agency for Toxic Substances and Disease Registry did tests on the township's water and found there were elevated levels of some chemicals, including methane, arsenic and lead.
The Department of Environmental Protection has issued Cabot with 290 violations in Dimock Township alone since 2009, however none since December of 2016.
Ray Kemble still says his water is polluted.
Cabot's 2012 settlement agreement is sealed and Kemble has filed a motion to make it public.
The judge did not immediately rule in this case.
The initial $5 million dollars sought by Cabot was dropped in court, and their attorneys said they are now seeking 2017 damages and repayment for attorney fees.
Associated Press
https://www.washingtonpost.com/national/energy-environment/gas-driller-make-homeowner-pay-for-disparaging-us/2017/12/11/d85c54f2-de9d-11e7-b2e9-8c636f076c76_story.html
Gas
driller: Make homeowner pay for disparaging us
Dimock resident Ray Kemble speaks with reporters outside the Susquehanna County Courthouse in Montrose, Pa., Monday, Dec. 11, 2017. Cabot Oil & Gas Corp. is suing Kemble and his former attorneys, claiming they filed a frivolous lawsuit against it. (Michael Rubinkam/Associated Press)
By Michael Rubinkam | AP December 11
MONTROSE, Pa. — A gas driller argued in court Monday that it’s entitled to monetary damages from a Pennsylvania homeowner who continued bad-mouthing the company after settling his water-contamination lawsuit against it more than five years ago.
Houston-based Cabot Oil & Gas Corp. claims Dimock resident Ray Kemble and his former lawyers tried to extort the company through a frivolous federal lawsuit that recycled already-settled claims against Cabot. The lawsuit, which was filed in April but withdrawn two months later, accused Cabot of polluting Kemble’s water supply anew.
Cabot says the claims in Kemble’s suit were the subject of a 2012 settlement between Cabot and dozens of Dimock residents, including Kemble. Cabot’s suit also claims Kemble has repeatedly breached the 2012 agreement by publicly talking about the company.
The company is seeking monetary damages against Kemble and his former lawyers. The first hearing in the case was held Monday.
Kemble and his new lawyer said Cabot is trying to use the legal system to chill dissent and discourage attorneys from taking on contamination cases.
“This is just a way to shut the people up of the county and of the state, and I just don’t think it’s right,” Kemble told reporters. “We the people have the right to talk.”
Cabot’s lawyers said the company merely wants Kemble to abide by the terms of the settlement, which forbids him from talking to the media about his water supply.
Kemble, who’s long been one of the most outspoken anti-drilling activists in Pennsylvania, disparaged Cabot by making “false, unsubstantiated claims,” company lawyers said in a filing.
Pennsylvania regulators previously held Cabot responsible for polluting residential water wells in Dimock, a tiny crossroads that has long been one of the central battlegrounds in the fight over gas drilling and fracking.
Cabot remains banned from drilling in a 9-square-mile area of Dimock, which is in the heart of the gas-rich Marcellus Shale rock formation in northeastern Pennsylvania.
Cabot won a default judgment against Kemble in October because he failed to respond to the company’s lawsuit in time. Kemble asked the judge Monday to set aside the judgment, saying he’d been rejected by 30 lawyers and was forced to represent himself before attorney Rich Raiders recently agreed to take the case.
Kemble also asked the judge to rule that he’s entitled to immunity under a Pennsylvania law that affords liability protection to individuals seeking enforcement of state or federal environmental laws.
The judge did not immediately rule.
The federal government returned to Dimock over the summer to investigate ongoing complaints about the quality of the drinking water. Government scientists collected samples from 24 homes, including Kemble’s, testing the water for bacteria, gases and chemicals and the indoor air for radon.
Homeowners got the first batch of results — for methane — in October. The Agency for Toxic Substances and Disease Registry, a federal public health agency, told homeowners that in all but two homes, the tests either failed to detect methane or detected it at low levels. The agency noted that methane levels can fluctuate from day to day.
Copyright 2017 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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