Fifth Circuit Sends Certified Question to Louisiana Supreme Court

The US Fifth Circuit has certified the following question to the Louisiana Supreme Court:

Whether the notice given in this case by counsel for a lessor on behalf of the putative class satisfies the requirement of Articles 137-141 of the Louisiana Mineral Code, requiring the lessor to give written notice of the lessee’s failure to make timely or proper payment of royalties as a prerequisite to a judicial demand for damages or dissolution of the lease.

The question can be accessed here [pdf]. A conflict regarding this issue exists among the Louisiana Appellate court decisions. In its context, the issue is whether a demand for royalties on behalf of a royalty owner "and all others similarly situated" is effective as to those "similarly situated." If the answer is "yes," then a class action for mineral royalties would be possible. Alternatively, a "no" answer would impose a substantial impediment to a class action for mineral royalties.