Lutz, et al. v. Chesapeake Appalachia, L.L.C., et al., No. 10-4538/11-3034, 2013 U.S. App. Lexis 10733 (6th Cir. May 29, 2013)

(plaintiffs leased natural gas to defendants and claimed that defendants had deliberately and fraudulently underpaid gas royalties for over 10 years and covered up the fraud by falsifying accounting statements; defendants claimed that suit time-barred by statute of limitations; court held that state (OH) law incorporated by reference UCC four-year statute of limitations for breach of contract actions involving sale of goods, thus plaintiffs could proceed with breach of contract claim involving royalty underpayments occurring within four years of filing of complaint; court also determined that leases were divisible contracts, thus statute of limitations ran separately from date of each monthly payment; court also determined that claim of fraudulent concealment sufficient to survive motion to dismiss; court reversed district court’s dismissal of contract claim; case remanded).