Peterson Group, Inc. v. PLTQ Lotus Group, L.P., 417 S.W.3d 46 (Tex. App.—Houston [1st Dist.] 2013, pet. denied)
In a real estate development case, won reversal of findings concerning alter ego and attorneys’ fees, reducing damages against two clients by more than $1 million each. Prepared response to a petition for review in the Texas Supreme Court, and obtained denial of the petition.
Jesco Operating, L.P. v. Hess Corporation, 402 S.W.3d 320 (Tex. App.--Houston [14th Dist.] 2013, no pet.)
Successfully defended a take-nothing judgment following a jury trial that defeated a multi-million dollar claim for breach of contract arising out of a pipeline construction dispute.
Pipeline Construction Dispute (2013)
Fully successful defense action against a pipeline contractor that sued for additional payments for services that were required because of the contractor’s own defective work. The plaintiff agreed to drop the case.
Unauthorized Computer Access by Former Employee
Representation of a company victim of a time bomb planted in its computer system by a former employee. The case settled on terms very favorable to our client.
Unauthorized Computer Access - Smart Device
Representation of a company accused of accessing a smart device in a manner that exceeds authorization. The case is litigated in federal court and involves claims under the Stored Communications Act, the Computer Fraud and Abuse Act, and other common law claims.
M7 Capital LLC, v. Theodore B. Miller Jr. a/k/a Ted B. Miller Jr., 11th District Court, 2007
Represented a developer of an aerospace parts business in fraud and breach of contract trial.
BASF v. Lummus Technology, No. 2012-36085 (190th Dist. Ct., Harris County, Tex.) (2011-12)
Suit to recover damages caused by the catastrophic failure of equipment in a chemical processing plant.
Product Liability Claims
Defend packager of compression equipment in product liability claims.
Represent midstream company in benzene exposure personal injury claim of truck driver.
Surface Owner Nuisance Suit
Represent operator in nuisance case brought by surface owner.
Defended at trial the owner in a pipeline construction dispute with pipeline contractor. Following a two-week jury trial, obtained a favorable verdict for the owner.
Dispute Between Packager and Facility
Contract dispute between compression packager and gas storage facility.
Lentz Engineering, L.C. v. Brown, No. 14-10-00610-CV, 2011 WL 4449655 (Tex. App.—Houston [14th Dist.] Sept. 27, 2011, no pet.) (mem. op.)
Successfully defended on appeal a judgment that a plaintiff take nothing from a real estate investor on plaintiff's breach of contract claim.
Beltway v. Rosenberger, No. 2009-55551 (333rd Dist. Ct., Harris County, Tex.) (2009-11)
Suit to recover damages caused by defective building construction materials. The case settled with terms favorable to our client.
Main v. Royall, 348 S.W.3d 381 (Tex. App.--Dallas 2011, no pet.)
Represented amicus curiae in an interlocutory appeal obtaining reversal of the trial court’s order denying summary judgment on defamation claims against two media defendants regarding the book, Bulldozed: 'Kelo,' Eminent Domain and the American Lust for Land
Indemnity Provision of Purchase and Sale Agreement
Represented seller in arbitration of claims arising out of indemnity provision of purchase and sale agreement for the sale of three oil fields in Mississippi.
Concepcion Acosta, 5th Judicial District, Lea County, New Mexico
Represented a major energy company in a jury trial in Lea County, New Mexico in a suit filed 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.
Conroe Express Concrete, 410th Judicial District Court, Montgomery County, Texas
Represented at trial 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.
Darr Angell, U.S. District Court for the District of New Mexico
Represented a major energy company in a trial on behalf of a landowner claiming environmental damages and injunctive relief. Claims against the company were dismissed (with prejudice) after cross-examination of plaintiff's witnesses.
Refinery Waste Disposal Pit
Represented client 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.
Brooks v. Chevron USA Inc., No. 13-05-00029-CV, 2006 WL 1431227 (Tex. App. - Corpus Christi May 25, 2006, pet. denied) (mem. op.)
Successfully defended a major energy company in a case alleging environmental contamination of a residential neighborhood, and successfully defended the trial court's dismissal order on appeal.
EDI Architecture, Inc., International Arbitration Association
Represented architectural firm in dispute with contractor over project in Luanda, Angola. Resolved by settlement prior to final hearing.
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."
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.
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.