Michael Mazzone is licensed to practice in both Texas and Massachusetts as well as in all of the federal courts in Texas, the United States Court of Appeals for the Fifth Circuit, and the United States Supreme Court. He is Board Certified in Civil Trial Law and has tried numerous jury and non-jury cases in both state and federal court.
Michael frequently represents energy companies in environmental contamination, indemnity, and toxic tort cases. He also represents parties in construction litigation and arbitration.
Michael has also handled appeals in a number of reported cases including a takings case that reached the United States Supreme Court.
Michael is also an arbitrator and an advocate in arbitration matters. He has presided over numerous arbitration matters and, as a member of the American Arbitration Association's National Panel of Arbitrators, is regularly called on to preside over arbitrations.
Michael has given speeches and written papers on trial advocacy, arbitration, and litigation, and has also been a speaker at the AAA’s National and Regional Panel Retreats, seminars providing training to AAA arbitrators.
For five years, Michael taught pre-trial litigation at the University of Houston Law School as an adjunct professor of law. He has served on the Editorial Board of the Houston Lawyer magazine, a publication of the Houston Bar Association.
Michael was born in Boston, Massachusetts. He received his undergraduate degree in Business Administration in 1977 from the University of South Carolina, attended graduate school at the University of Michigan, and obtained his law degree in 1983 from Suffolk University Law School in Boston, finishing in the top 10% of his class.
Recent Trials/Arbitrations
- Concepcion and Rosario Acosta, 5th Judicial District, Lea County, New Mexico: Represented a major energy company in lawsuit by approximately 200 plaintiffs who claimed that a tank battery/oil storage facility in their neighborhood caused personal injuries and property damages. At trial, plaintiffs sought over $54 million dollars for nine "trial plaintiffs." The jury returned a verdict for the company on all issues.
- Conroe Express Concrete, 410th Judicial District Court, Montgomery County, Texas: Represented a national homebuilder in a breach of contract and warranty lawsuit against concrete supplier. Foundations of a number of homes built with the supplied concrete failed. The jury returned a verdict for the builder against the concrete supplier and the court entered a judgment on the verdict.
- EDI Architecture, Inc., International Arbitration Association: Represented architectural firm in dispute with contractor over project in Luanda, Angola. Resolved by settlement prior to hearing.
- Darr Angell, U. S. District Court for the District of New Mexico: Represented a major energy company in lawsuit by a landowner for environmental damages and injunctive relief. Claims against the company were dismissed (with prejudice) after opening statements and cross-examination of Plaintiff’s witnesses. No money was paid.
- Jeanie R. Carter, 214th Judicial District Court, Nueces County, Texas: Represented a major energy company in lawsuit brought by approximately 40 families who claimed that a refinery waste disposal pit in their neighborhood caused personal injuries and property damages. Before trial, plaintiffs dropped their personal injury claims. At trial, plaintiffs sought in excess of $170 million dollars for six "trial plaintiff" families. The jury returned a verdict for the company, and the untried claims of the remaining plaintiff families were settled for a token sum.
Recent Publications/Presentations
- "Asserting Contrary Policy Arguments in 'Public Policy' Litigation," Trials and Tribulations, newsletter of DRI Trial Tactics Committee, Spring 2009 (co-author)
- "Climate Change Risk," 80th Annual Meeting, New Mexico Oil & Gas Association, Santa Fe, NM, October 2008
- "Actions Reduce Climate Change Risks," The American Oil & Gas Reporter, September 2008.
- "Climate Change," SPE-Hobbs Section and SPE-Environmental Study Group of Midland, Hobbs, NM, April 2008
- "Practical Issues in Commercial Arbitration Agreements," Fort Bend County Bar Association, October 2007 and Houston Bar Association, January 2007
- "Climate Change and the Law," 79th Annual Meeting, New Mexico Oil & Gas Association, Santa Fe, NM, October 2007
- "Standing in Environmental Property Damage Cases," Ethical Principles for Corporate Counsel, Houston, January 2006; Ch. 28 (Torts) of Vol. 46 (Environmental Law) of Texas Practice Series (West 2005) (co-author)
- "Prosecute, Never Defend - How to Aggressively Handle Your Company's Matters," ACCA Houston Chapter - Summer Leadership Speaker Series, Houston, June 2003
Professional Recognition
- Recognized as a Super Lawyer - Civil Litigation Defense (2009)
Selected Representative Experience
Brooks v. Chevron USA Inc., No. 13-05-00029-CV, 2006 WL 1431227 (Tex. App. - Corpus Christi May 25, 2006, pet. denied) (mem. op.)
Persuaded the trial court to dismiss a case alleging environmental contamination in a residential neighborhood, and successfully defended the trial court’s order on appeal.
Senn v. Texaco, et al. 55 S.W.3d 222, 225 (Tex. App.—Eastland 2001)
Gained a dismissal for our major oil company client in a suit filed by property owners claiming damages from surface and groundwater contamination caused by oil and gas operations. Dismissal granted while case was still in discovery phase without paying any settlement money and without filing any motions.
Carter v. Ballard Sand and Gravel et al. (2003)
Represented a major energy company in a lawsuit filed in Nueces County, Texas, 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.”
Darr Angell, U.S. District Court for the District of New Mexico
Represented a major energy company in lawsuit by a landowner for environmental damages and injunctive relief. Claims against the company were dismissed (with prejudice) after opening statements and cross-examination of Plaintiff's witnesses.
Harris v. East Texas Salt Water Disposal Co., et al.
Represented major energy companies in proposed class lawsuit brought by property owners claiming water contamination throughout the entire East Texas oil field.
Multiple Lawsuit Defense - Energy
Represent numerous energy companies in lawsuits alleging personal injuries from benzene exposure.
Acosta v. Shell
Represented a major energy company in a lawsuit filed in Lea County, New Mexico by approximately 200 plaintiffs who claim that a tank battery in their neighborhood caused personal injuries and property damage. In the trial of the first group of plaintiffs, the jury returned a verdict for the company.
Online Publications
04/01/2009 -
Asserting Contrary Policy Arguments in "Public Policy" Litigation
In the last decade or so, lawyers and others have tried to make public policy through litigation. With tort lawsuits about tobacco, guns, fast food, and carbon dioxide emissions, among other things, many are using the courtroom in an attempt to create rules that these self-appointed policymakers have determined are good and necessary.
09/01/2008 -
Actions Reduce Climate Change Risks
The American Oil & Gas Reporter
The U.S. Congress this summer considered “climate change” legislation. The Wall Street Journal described the Lieberman-Warner Climate Security Act as the largest expansion of the federal government since Franklin D. Roosevelt’s New Deal legislation and as “easily the largest income redistribution scheme since the income tax.”