Macey Reasoner Stokes

Practice Group Chair - Appellate Partner

Macey Stokes Photo

Houston

P: +1.713.229.1369 F: +1.713.229.7869
  • Obtained holding in case of first impression that utility could not be held liable for personal injuries from accident at intersection with inoperable signals resulting from power outage, because drivers’ failure to comply with traffic laws was an intervening and superseding cause of the accident (Rampersad v. CenterPoint Energy Houston Electric, LLC, __ S.W.3d __, No. 01-16-00675-CV, 2017 WL 3261378 (Tex. App.—Houston [1st Dist.] Aug. 1, 2017, no pet. h.))
  • Secured holding that purchaser of bankruptcy debtor’s assets was assigned environmental indemnity and defense obligations contained in oil and gas exchange agreement (Noble Energy, Inc. v. ConocoPhillips Co., ___ S.W.3d ___, No. 15-0502, 2017 WL 2719329 (Tex. June 23, 2017))
  • Obtained affirmance of summary judgment holding that as a matter of law, oil and gas lessee did not breach lease’s offset well clause expressly incorporating reasonably prudent operator standard (Mzyk v. Murphy Exploration & Production Co., No. 04-15-00677-CV, 2017 WL 2797479 (Tex. App.—San Antonio June 28, 2017, no pet. h.) (mem. op.))
  • Secured affirmance of take-nothing judgment on jury verdict on claims for fraudulent inducement of settlement agreement resolving dispute over royalty interests in Syrian oil and gas properties (Syrian American Oil Corp., S.A. v. Pecten Orient Co., __ S.W.3d __,No. 01-15-00424-CV, 2017 WL 1955403 (Tex. App.—Houston [1st Dist.] May 11, 2017, no pet.))
  • Obtained affirmance of summary judgment for trustees and executors enforcing release against beneficiary’s breach of fiduciary, breach of contract, fraud, and other tort claims (Harrison v. Harrison Interests, Ltd., No. 14–15–00348–CV, 2017 WL 830504 (Tex. App.—Houston [14th Dist.] Feb. 28, 2017, pet. denied) (mem. op.))
  • Secured affirmance of dismissal of wrongful death claims alleging exposure to benzene through gasoline (Burst v. Shell Oil Co., 650 F. App’x 170, (5th Cir. May 23, 2016) (per curiam), cert. denied, No 16-241, 2016 WL 4479680 (Oct. 11, 2016))
  • Obtained affirmance of dismissal of private nuisance and negligence claims alleging injuries from odors, noises, and toxic emissions from oil and gas operations, in opinion holding that plaintiffs must present qualified expert testimony to support such claims (Cerny v. Marathon Oil Co., 480 S.W.3d 612 (Tex. App.—San Antonio 2015, pet. denied))
  • Secured reinstatement of summary judgment on defamation claims, in unanimous opinion holding that an absolute privilege protects a company’s statements made to the U.S. Department of Justice during an investigation of possible Foreign Corrupt Practices Act violations (Shell Oil Co. v. Writt, 464 S.W.3d 650 (Tex. 2015))
  • Obtained affirmance of take-nothing judgment for premises owner on claims for damages for mesothelioma due to asbestos exposure, in unanimous opinion construing Chapter 95 of the Texas Civil Practices & Remedies Code as applying to claims for both premises defects and negligent acts of the property owner (Abutahoun v. Dow Chemical Co., 463 S.W.3d 42 (Tex. 2015))
  • Obtained judgment declaring that the Harris County Flood Control District must pay AT&T’s expenses to relocate its facilities from a bridge designated for demolition by the District’s flood control plan, in unanimous opinion construing Section 49.223 of the Texas Water Code for the first time (Southwestern Bell Telephone, L.P. d/b/a AT&T Texas v. Emmett, 459 S.W.3d 578 (Tex. 2015))
  • Appellate member of trial team that obtained mid-trial the dismissal with prejudice of trade secret and interference claims seeking $1.37 billion from oil and gas company in February 2015 (Moncrief Oil Int’l, Inc. v. OAO Gazprom, 17th District Court of Tarrant County, Texas)
  • Obtained dismissal of novel “odorant fade” claims against gas utility (Canas v. CenterPoint Energy Resources Corp.,418 S.W.3d 312 (Tex. App.—Houston [14th Dist.] 2013, no pet.))
  • Secured dismissal of aesthetic nuisance claim against wind farm (Ladd v. Silver Star I Power Partners, L.L.C., No. 11-11-00188-CV, 2013 WL 3377290 (Tex. App.—Eastland May 16, 2013, pet. denied) (mem. op.))
  • Appellate member of trial team that obtained a €765 million judgment on a jury verdict for breach of warranty and securities fraud in January 2013 (Liberty Media Corp. et al. v. Vivendi Universal, S.A., et al., U.S. Dist. Ct. S.D.N.Y.)
  • Assisted in obtaining reversal of judgment on jury verdict against oil and gas refiner, resulting in United States Supreme Court’s first opinion construing Petroleum Marketing Practices Act (Mac’s Shell Serv., Inc. v. Shell Oil Prods. Co., 559 U.S. 175 (2010))
  • Secured dismissal of inheritance claims that sought to vacate decades-old judgments distributing estates and upholding inter vivos gifts to charitable foundation (John G. and Marie Stella Kenedy Mem. Found. v. Fernandez, 315 S.W.3d 512 (Tex. 2010), cert. denied, 131 S. Ct. 1017 (Jan. 18, 2011))
  • Obtained reversal of judgment against oil and gas operator, resulting in holding that lease termination did not automatically terminate lessor’s participation in validly formed unit (Wagner & Brown, Ltd. v. Sheppard, 282 S.W.3d 419 (Tex. 2008))
  • Obtained writs of mandamus and prohibition from the Arkansas Supreme Court ordering circuit court to dismiss putative class action against gas utility (CenterPoint Energy, Inc. v. Miller County Circuit Court, 372 Ark. 343 (Ark. 2008))