United States Ninth Circuit

In a suit seeking royalty payments on mining production from after-acquired claims in the area of interest, the District Court's grant of summary judgment to defendant based on the Rule Against Perpetuities is stayed pending two questions certified to the Nevada Supreme Court: 1) Under Nevada law, does the Rule Against Perpetuities apply to an area-of-interest provision in a commercial mining agreement? and 2) If the Rule Against Perpetuities does apply, is reformation available under Nevada Revised Statute section 111.1039(2)?

Appellate Information

• Decided 06/13/2012
• Published 06/13/2012

Judges

• Thomas, McKeown, Fletcher

Court

• United States Ninth Circuit

Counsel