False Claim & OCSLA Actions Against Major Oil Company (S.Dist. Tex. 2014)
Assumed a lead role in securing a final take-nothing summary judgment in a suit seeking $266 billion and an injunction to shut down a major oil company's offshore platform under the False Claims Act and the Outer Continental Shelf Lands Act, based on purported misrepresentations about the platform designs.
Aguilar v. Heckmann Water Resources, No. 12-06-11697-DCVCLM (293rd Judicial Dist., Dimmit County)
Obtained a remittitur of $105 million and ultimately a full settlement after being hired post-verdict following the largest jury verdict in Texas in 2013. The underlying personal injury lawsuit arose from a vehicle and truck accident and lead to an initial $281 million jury verdict. The case involved intense negotiations with the carrier, a parallel declaratory judgment action, supersedeas bond disputes and post-trial discovery.
Class Action Against Major Refiner (S. Dist. Tex. 2013)
Defeated class certification in lawsuit alleging that owners' property values were diminished by alleged emissions from a refinery and seeking $10 billion in damages.
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.
Successful Prosecution of Breach of Warranty/Contract Claims
Represented a major oil company operator as plaintiff in a lawsuit and obtained a $4.7 million net recovery against a vendor for breach of warranty and breach of contract. The oil company purchased lifeboats for a new deep water offshore production platform and required the lifeboats be U.S. Coast Guard approved. The U.S. Coast Guard, however, refused to approve the lifeboats after two of the boats failed during offshore commissioning and a subsequent investigation revealed design and manufacturing defects. The platform operator incurred significant damages due to construction delays caused by the lack of usable lifeboats. After a favorable settlement, the operator’s recovery from the vendor represented many multiples of the purchase price of the lifeboats.
Defend Working Interest Owner of Large Mineral Lease in Declaratory Action and Suit for Accounting and Damages
Assisted with defense of working interest owner in large mineral lease against a petition for declaratory action and accounting and damages.
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.
Texas Midstream Gas Services, L.L.C. v. City of Grand Prairie, 2008 WL 5000038 (N.D. Tex. Nov. 25, 2008)
Successfully prevented a national natural gas gathering company from obtaining injunctive relief against the institution of a City Ordinance related to natural gas gathering facilities.
Joint Operating Agreement Litigation
Represented numerous oil and gas exploration companies in litigation involving joint operations.
Business Tort and Fiduciary Litigation
Representing a publicly traded energy company in litigation involving ownership disputes and allegations of breaches of fiduciary duties.
Preferential Right Litigation
Representing an oil and gas exploration company in litigation involving the enforcement of a preferential right to purchase.
Power Plant and Power Purchase Agreement Arbitration
Represented an energy company in an arbitration involving a long-term power purchase agreement and the design and construction of an 1100 megawatt electric power plant.
Area of Mutual Interest Agreement Litigation
Represented oil and gas exploration and production company in litigation involving rights under an area of mutual interest agreement.
Asset Divesture Litigation
Obtained dismissal by summary judgment of fraud and breach of warranty claims arising from the sale of an offshore oil and gas lease. Plaintiff alleged that the seller misrepresented and failed to disclose information concerning the condition of a well bore on the lease and sought damages in excess of $40 Million.
Removal of Operator from Joint Operating Agreement
Succeeded in removal of an operator under an AAPL-form joint operating agreement for non-payment of contractor invoices and misappropriation of joint interest billing collection and placed client in desired position of operator.