Arbitration Over Breach of Warranties
Obtained a $4.3 million arbitration award for supermajor pipeline company affiliate after 2 weeks of arbitration hearings and collected 100 percent of the award against an international manufacturer of defective valves. The respondent vigorously contested liability and damages, which arose from a defective valve trapping an in-line-inspection tool and caused interruption in shipments on a major products pipeline in the southeastern United States. The award represented the pipeline company’s actual damages, attorneys’ fees, expert fees, and costs, as well as pre-award and post-award interest. Most of the award was for consequential damages that far exceeded the purchase price of the defective valves.
Disaster Management and Response
Advised state and local officials regarding disaster response and management issues.
Eminent Domain and Inverse Condemnation
Represent and counsel public and private entities in eminent domain and inverse condemnation actions including right-of-way acquisition, regulatory takings, valuation determinations, and utilities relocation.
Exploration Trade Secret Claims
Represent defendant non-operator in tortious interference/equitable rescission dispute over erroneous assignments of oil and gas leasehold interests and trade secret claims related to a geologist now working for client's competitor.
Haynesville Shale Lease Disputes
Litigated oil and gas lease dispute brought by lessors against lessees related to Haynesville shale leases and the alleged termination of leases pursuant to a horizontal severance clause despite continuous operations on the leased lands. Obtained favorable settlement and lease extensions.
In re David Buren Wilson, No. 14-10-00045-CV, (Tex. App. -Houston[14th Dist.] Jan. 20, 2010) (orig. proceeding) (mem. op.)
Before the trial court and in a mandamus proceeding involving a dispute over the construction of the Texas Election Code, successfully defeated a potential opponent's attempt to have his name placed on the primary ballot.
In re Dorman, No. 14-10-00024-CV, 2010 WL 98710 (Tex. App.—Houston [14th Dist.] Jan. 12, 2010], orig. proceeding) (mem. op.)
In a mandamus proceeding involving a dispute over the construction of the Texas Election Code, successfully defended the trial court’s removal from the ballot of a candidate for Harris County District Clerk.
Infrastructure - Rail
Represent public and private entities in all aspects of the bid, design, and build process relating to urban light-rail projects.
Advised non-operating working interest owner on dispute arising from a joint operating agreement and a participation agreement related to the disclosure of information related to existing, proposed, and future wells.
Moody National Buffalo Speedway MT, L.P. v. Sirius Solutions, LLLP, Cause No. 2009-38998, 152d Judicial District, Harris County, Texas, affirmed by No. 01-12-00047-CV, 2013 WL 3155932 (Tex. App.—Houston [1st Dist.] June 29, 2013, no pet.)
Obtained favorable judgment on behalf of commercial tenant for damages and attorneys' fees whose landlord failed to restore its offices and refused to return its deposits following Hurricane Ike.
Moody National Buffalo Speedway MT, L.P. v. Sirius Solutions, LLLP, No. 01-12-00047-CV, 2013 WL 3155932 (Tex. App.—Houston [1st Dist.] June 29, 2013, no pet.) (mem. op.)
Successfully defended a judgment awarding damages and attorneys’ fees to a commercial tenant whose landlord failed to restore its offices and refused to return its deposits following Hurricane Ike.
Preferential Right Dispute
Represented defendant non-operator in preferential right dispute over assignments of working interest to other non-operator.
Settlement of a Trade Secrets Misappropriation Lawsuit
Secured a favorable settlement of a trade secrets misappropriation lawsuit in federal district court in North Carolina. Haynes and Boone represented the plaintiff, a technology company headquartered in Houston. On the third day of the jury trial, the defendants, a former plaintiff executive and his new company, announced their consent to an agreed permanent injunction and agreed to dismiss all of their counterclaims, pay all of plaintiff’s damages, surrender their inventory, and pay a portion of plaintiff’s attorney’s fees. The case involved the misappropriation of the formula for a proprietary catalyst used to treat hydrocarbons at refineries worldwide. The former executive claimed to have independently developed the formula after leaving the company, but shortly before trial began the formula was discovered in a spreadsheet that proved defendants’ claim was untrue.
Tortious Interference/Equitable Rescission Dispute
Represent defendant non-operator in tortious interference/equitable rescission dispute over erroneous assignments of oil and gas leasehold interests.
West Texas Waterflood Project
Obtained partial summary judgment against breach of contract claims arising from the purchase of a waterflood project in West Texas and the alleged contractual duty to disclose plugging and abandonment obligations associated with shut-in wells on the property. Obtained favorable settlement of all other claims including those related to alleged violations of regulations affecting injection wells.