Concentration

Energy, natural resources and alternative energy litigation and regulatory disputes

Summary

Bill Kroger concentrates primarily in litigation and regulatory proceedings involving energy, natural resource, alternative energy and other commercial disputes. He also handles a wide range of matters involving warranty, indemnity, insurance and contractual disputes. Mr. Kroger has represented clients in state and federal courts throughout the United States. He has also appeared before numerous regulatory agencies on energy and other matters, and has represented clients in contested disputes with government agencies. In addition, Mr. Kroger oversees the firm's asbestos premises docket.

Representative Engagements

Representative Energy/Alternative Energy Litigation Matters

• Represented wind generator against claims by environmental group for injunctive relief to shut down construction of wind farm on Texas coast
• Represented wind generator on numerous disputed controversies before Texas PUC
• Represented electric utility on class action franchise fee dispute brought by 45 Texas cities
• Represented electric utility in dispute brought by city over construction of electric transmission line
• Represented electric utility in multiple disputed rate cases before Texas PUC
• Represented gas storage company on claims that construction of facility damaged oil and gas reserves of surrounding property owners
• Represented oil and gas producer in multiple lawsuits in two states concerning rights of first refusal arising out of purchase and sales transactions
• Represented petrochemical company in arbitration over dispute with partner over interpretation of the joint venture agreement
• Represent and oversee defenses of petro-chemical defendants in thousands of asbestos lawsuits in Texas
• Represented and advised numerous energy companies on issues involving indemnities, disclaimers, warranties and limitations of liability
• Represent radioactive waste disposal firm in regulatory agency disputes concerning the disposal of radioactive waste
• Represented electric utility in numerous strict liability actions involving personal injuries and property loss arising out of consumption of electricity
• Prevailed on appeal before Texas Supreme Court on issue of whether defendant is liable for consequential damages arising out of defective transformer

Representative Property, Contract and Other Commercial Disputes

• Represented numerous banks and corporations on disputes with insureds over rights to corporate-owned life insurance
• Represent life insurer in claim brought by Attorney General in dispute of thousands of allegedly unpaid policy refunds
• Represented electric utility on claims to recover billions in stranded costs on generation assets arising from deregulation of electric utility industry
• Represented refinery on property loss and personal injury claims arising out of refinery fire and explosion that killed five contractors
• Represented professional basketball team on disputes concerning rights to team logo and on arena contract dispute
• Represented electric utility on numerous property loss claims allegedly caused by fires, power surges and similar occurrences
• Represented real estate development company in dispute over rights to one of four original blocks of the City of Houston
• Represented securities firm in trial brought by customer alleging unauthorized trades
• Represented property manager in claim for tortious interference brought by contractor in connection with construction of police department headquarters building
• Represented insurer at trial in dispute over "due-on-sale" clause
• Represented property manager in joint venture dispute over development of art museum
• Represented bus manufacturer in a lawsuit brought by more than 50 children who were killed or injured in a severe bus rollover accident; the plaintiffs alleged product design defects caused their injuries
• Represented automobile manufacturer in dozens of design, manufacturing and warning defect actions involving deaths, burns and spinal chord injuries; Representative cases for this manufacturer include:
  • Three-week trial on design defect seat-belt action brought by a 12-year old child who was rendered a quadriplegic as a result of a severe accident.
  • Two-week arbitration of a fuel tank design defect claim brought by a young child who suffered severe burns over his entire body as a result of a fuel-fed fire
  • Representation in a design and warnings defect suit brought by a family that suffered injuries in a motor vehicle accident that left one child a paraplegic
• Represented property owner in design defect actions and other cases involving serious elevator and other accidents:
  • Defended against negligence and gross negligence claims brought by estate of person who drowned in elevator during Tropical Storm Alison
  • Represented property owner as plaintiff and defendant in multiple 2009 accidents involving design defect claims with elevator in downtown office building that resulted in severe back injuries to multiple persons
• Represented lift manufacturer in trial on electrocution claim alleging warning defects.
• Represented tractor manufacturer against numerous suits involving designing and warning defects allegedly resulting in deaths and other injuries from tractor accidents
• Represented shipping company as plaintiff in dispute with manufacturer concerning design defects in a multi-million dollar crane
• Represent glass manufacturer in claims relating to alleged defects in equipment used in the process of coating glass bottles

Publications, Speeches and Presentations

Speeches and Presentations

• "Challenges in the Siting and Permitting of Renewable Energy Projects," National Constitution Center Webinar, August 2011 (Jim Barkley, Meghan Dawson, co-presenters)
• "Renewable Energy Projects: Siting and Permitting Challenges," Strafford Legal Teleconference, November 2010 (Fred Lane, co-presenter)
• Presenter, "The Future of Insurable Interest Litigation," Houston ERISA Group Meeting, February 2010
• Presenter, "Managing Your Practice," Texas Minority Attorney Program, Houston, June 2010
• Presenter, "Legal Issues: Lessons Learned & Case Studies: The Wind Farm Nuisance Wars," WINDPOWER Conference & Exhibition, May 2010
• "Litigation Issues in Purchase Price Contract Disputes," Client Seminar (Price Waterhouse), Houston, August 2009
• "Financial Risk Issues," Client Seminar, Houston, March 2009
• "Navigating Contract Disputes Arising Out of an Economic Downturn," Client Seminar, Houston, February 2009
• "Risk Shifting Provisions in Real Estate Transactions," Real Estate Lawyers Council, January 2009
• "Drafting Enforceable Risk Shifting Provisions," Baker Botts In-House Presentation, Houston, November 2008
• "Understanding Indemnity, Release, and Other Risk-Shifting Provisions," Baker Botts In-House Presentation, Houston, April 2008
• "Outrageously Large Jury Awards: How Defense Lawyers Avoid Them," Lex Mundi 2005 North America Conference, Houston, March 2005
• "Piercing the Corporate Veil," Texas College for Judicial Studies, Austin, April 2004

Publications

• "Shale Play Litigation: A Study of the Various Risks," Pipeline & Gas Journal, April 2011 Vol. 238, No. 4 (Patrick Byrd & Meghan Dawson, co-authors)
• "Reconstructing Reconstruction: Stories From the Harris County Court Archives on How the Rule of Law Was Restored After the Civil War," The Houston Lawyer; January/February 2008
• "Closing Thoughts," The Houston Lawyer, January/February 2006
• "The Need for Fellows," The Houston Lawyer, November/December 2005
• "Our Finest Moment," The Houston Lawyer, September/October 2005
• "Tacitus: Through the Past Darkly," The Houston Lawyer, July/August 2005
• "Pitch In, Help Out," The Houston Lawyer, May/June 2005
• "On Becoming a Fellow and Lifting a Calf," The Houston Lawyer, March/April 2005
• "The Good News of Duke Ellington," The Houston Lawyer, January/February 2005

Mr. Kroger is a past director of the State Bar of Texas and chairperson of the Audit and Finance Committee. He serves on the board of directors and executive committee of Communities in Schools-Houston (CISH), the largest drop-out prevention agency in the city. He also is past chair of the Houston Bar Foundation and a director of the Houston Volunteer Lawyers Program.