Freeport Power Refinancing
Acted as lenders counsel in the refinancing of an inside-the-fence cogeneration facility located in Freeport, Texas. Transaction involved (i) analyzing and advising the lenders on the underlying project documents and relevant regulatory requirements, (ii) advising the lenders on loan and security documents as they relate to Texas law, and (iii) preparing the Deed of Trust and other Texas security filings. Mizho Bank, Ltd. acted as mandated lead arranger and administrative agent, Sumitomo Mitsui Banking Corporation acted as mandated lead arranger and documentation agent, and the Bank of Tokyo-Mitsubishi UFJ, Ltd. acted as mandated lead arranger, technical bank, insurance bank, and modeling bank. Other parties involved in the transaction included Freeport Power Limited, as borrower, GDF Suez Energy North America and Toyota Tsusho Corporation (through subsidiaries), as project sponsors, and The Dow Chemical Company, as lessor, operator, and toller.
Lyondell Chemical Co. v. Albemarle Corp., 464 Fed. App'x 295 (5th Cir. 2012)
In a Fifth Circuit appeal that ended almost two decades of litigation, successfully defended a district court's allocation under CERCLA of millions of dollars in costs incurred to remediate the "Turtle Bayou" Superfund site in Liberty County, Texas.
John Bailey, et al v. Cleveland G. Meredith, et al; No. 2007-CV-13812 (combined with Thompson v. Cleveland Meredith, et al; No. 2007-CV-134013)
Approximately 150 plaintiffs living near a wood treating facility of one of KMG’s customers in Atlanta, Georgia claimed emissions from the wood treating facility caused harm to their property, blaming KMG because it sold chemicals to the facility. After two years of discovery, the parties filed various motions for summary judgment. KMG’s motion for summary judgment was granted, and that ruling has been upheld on appeal. This constitutes a total victory for KMG.
Carter v. Ballard Sand and Gravel et al. (2003)
Represented a major energy company in a jury trial in Nueces County, Texas in a suit brought by approximately 40 families who claimed that a refinery waste disposal pit in their neighborhood caused personal injuries and property damages. The jury returned a verdict for the company following a trial of the claims of the "trial plaintiffs."
Achee v. Port Drum Co., 197 F. Supp. 2d 723, 735-36 (E.D. Tex. 2002)
Represented manufacturer in 1,200-plaintiff toxic tort and property contamination case brought in Beaumont, Texas. Case resulted in favorable summary judgment and settlements.
Geraghty and Miller, Inc. v. Conoco, Inc., 234 F.3D 917 (Fifth Circuit)
Prosecuted a successful appeal on issues regarding statute of limitation and the definition of certain key terms under CERCLA, including 'operator' liability.
El Paso - Superfund
Represented El Paso in a major Superfund matter that was tried in federal court in Beaumont, Texas over many weeks.
Defense of Toxic Tort and Property Damage Claims
Represent a chemical company in defense of toxic tort and property damage claims in Atlanta, Georgia and Knoxville, Tennessee.
Robert Sanchez, et al. v. Sunoco, Inc., et al No. 03-61284-1 (In the County Court at Law No. One of Nueces County, Texas)
Represented three clients in property contamination cases in Corpus Christi, Texas.