Ohio Dormant Mineral Act Claim May Waive Attorney-Client Privilege

In the camp of be careful how you plead and intend to prove a claim, those asserting an Ohio Dormant Mineral Act (ODMA) claim should pay careful attention to their pleading so as not to waive the attorney-client or attorney work product privileges. As the plaintiffs in Riccardi v. Jackson found out, waiver is a real possibility.

Monroe County ODMA claim

The complaint at issue sought a declaration that the previously-severed oil and gas rights had been abandoned. To support that claim, the plaintiff alleged, among other things:

• they hired a lawyer to determine whether any Savings Events under the ODMA occurred and whether service of the Notice of Abandonment by certified mail was possible;