DEEP REAL ESTATE AND OTHER COMPLEX COMMERCIAL LITIGATION EXPERIENCE:

Complex Commercial Litigation

• Earl Campbell – represented Hall of Fame legend on a complex commercial dispute which was successfully resolved
• Won arbitration over lease rate on surface lease for office building in downtown Houston
• Office and residential high rise buildings – Defense of numerous nuisance, warranty, construction, and tenant, indemnity wrongful death and personal injury claims
• Industrial Warehouse Developer – multiple matters involving PSA disputes
• Sport Marketing Firm – force majeure issues involving COVID-19
• Restaurant – Texas counsel on claims associated with roll-out, construction, and operation of state-wide Texas restaurant chain
• Nationwide retailer – Texas counsel on construction and roll-out of flagship retail store
• Mall – Litigation counsel for claims pertaining to premier Houston-area shopping mall
• Auto manufacturer – Defense of numerous product liability, warranty, and other consumer claims
• Equipment manufacturer – Defense of product liability, warranty and other consumer claims
• Lift manufacturer – Defense of product liability claims
• Numerous commercial enterprises – Issues involving indemnities, disclaimers, warranties and limitations of liability
• Banks and corporations – Disputes with insureds over rights to corporate-owned life insurance
• Life insurer – Defense of claim brought by Attorney General in dispute of thousands of allegedly unpaid policy refunds
• Real estate developer – Litigation regarding City of Houston downtown tunnel dispute
• Food distributor/manufacturer – Arbitration over costs pertaining to construction of cheesecake factory
• Representation of real estate developer and REIT regarding shutdown and restart issues relating to COVID-19
• Defense of real estate developer who was sued as a result of an accident involving a person who fell out of a third-story window of a building.

BROAD RANGE OF POWER, OIL AND GAS, AND OTHER ENERGY LITIGATION MATTERS:

Electric, Gas and Other Utilities

• Power Generator – dispute over the application of a right of first refusal to the sale of a company owning an interest in the South Texas Nuclear Power Plant.  
• Power Generators – Multiple disputes for power generators related to price of power arising out of Winter Storm URI in 2021
• Electric utility – Multiple disputes before Texas PUC over right to build a 160-mile transmission line
• Electric and gas utilities – Class action franchise fee lawsuits brought by 45 Texas cities
• Electric utility – Dispute by city over construction of electric transmission line
• Electric utility – Disputes before Texas PUC over ownership and routing of transmission lines
• Gas storage – Claims that construction of facility damaged oil and gas reserves of surrounding property owners
• Radioactive waste disposal – Rate and other regulatory agency disputes before TCEQ and TLLRWDC concerning the disposal of radioactive waste
• Electric utility – Numerous lawsuits involving personal injuries and property losses arising out of electricity lines
• Electric utility – Litigation on tariff limitation of liability provisions before Texas Supreme Court
• Electric utility – Claims to recover billions in stranded costs on generation assets arising from deregulation of electric utility industry
• Merchant transmission – CCN proceedings before Texas PUC
• Electric utility – Litigation over royalty override in gas storage field in West Virginia
• Arbitration over the recovery by an oil and gas producer of more than $40 million in costs relating to a Gulf of Mexico production platform

Renewable Energy

• Wind and solar facilities – defense of claims arising out of Winter Storm Uri in 2021-2024
• Battery Energy Storage System (“BESS”) – Litigation over siting and development of a BESS in East Texas
• Wind facilities – multiple arbitration and litigation disputes relating to alleged breaches of power purchase agreements
• Wind generator – defense of claim by radio station claiming interference with radio signal by wind farm
• Wind generator – landowner nuisance disputes
• Wind generator – claims by environmental group for injunctive relief to shut down construction of wind farm on Texas coast
• Wind generator – numerous disputed controversies before Texas PUC, including CREZ transmission lines
• Wind generator – analyzed claims and lawsuits in connection with multi-billion bid on wind assets
• Solar generator – defense of nuisance litigation against major East Texas solar facility in multiple forums
• Solar generator – defense of solar developer in nuisance case in Bandera County, Texas over the construction of a Texas solar facility

Oil and Gas Upstream/Operators and Working Interests

• Defense of antitrust price-fixing complaints filed against oil and gas producers
• Foreclosure litigation over JOAs and other oil and gas assets in Texas and Oklahoma
• Lease, royalty, title and other lawsuits in Eagle Ford, Permian, Marcellus and other shale plays
• Flaring litigation in Texas and North Dakota
• Lawsuits in Alabama, West Virginia, Utah and Texas concerning rights of first refusal arising out of purchase and sale transactions of onshore and offshore oil and gas properties
• Disputes with surface owners and lessors in shale plays in Texas, Pennsylvania, Wyoming and other states
• Litigation and regulatory disputes relating to ownership, operation and permitting of disposal wells
• Disputes over royalty, offset wells, drainage and other lease terms between lessors and operators
• Disputes regarding top leases and title disputes
• Defense of numerous lawsuits and claims for personal injury, death, indemnity and insurance coverage arising out of drilling and competing activities
• Disputes regarding allocation wells in Texas
• Oilfield supply contract disputes
• Infrastructure disputes with government agencies over roadway damage
• Nuisance litigation relating to drilling, completion and gathering activities
• Forced pooling and bad faith pooling disputes before Texas Railroad Commission and courts
• Development of policies on guns, alcohol and drugs in drilling locations
• Suits to quiet title concerning shale play leases
• Litigation and counseling on working interest rights in shale plays
• Opposition to frac ban legislation
• Litigation regarding indemnity for royalty trust expenses
• Dispute over whether frac’ing of an oil well damaged a salt water dispute well located nearby

Pipeline and Other Energy Transportation

• Injunction and other proceedings to enjoin and block development of oil and gas pipelines and other infrastructure
• Litigation regarding disruption of pipeline services related to hurricanes and application of force majeure
• Force majeure litigation over a pipeline’s failure to purchase more than $10 million of steel pipe
• Counseling and advice regarding development of water pipeline project for Texas shale plays
• Litigation regarding alleged corrosion to tanker railcars holding Bakken crude
• Defended litigation concerning Lac-Mégantic railcar exploration in Canada
• Analysis of congestion issues in Permian Basin

Oil and Gas Downstream

• Petrochemical company – Arbitration over dispute with partner regarding interpretation of cracker/splitter joint venture agreement
• Refinery – Property loss, OSHA investigation, and personal injury claims arising out of Pennsylvania refinery fire and explosion that killed five contractors
• Refineries – Multiple suits regarding alleged purchases of stolen hydrocarbons
• Refineries – Litigation in Delaware Chancery Court over gas-to-fuels technology
• Refinery and petrochemical defendants – Defense of thousands of asbestos lawsuits in Texas
• Refineries – Counseling, negotiations over EPCM and other contracts
• Petrochemical – Dispute over accuracy of meter on pipeline
• Refinery – Defense of force majeure claims as a result of fire
• Refinery – Defense of railcar corrosion claims

Oilfield Service

• Drilling contractor – Investigation and litigation over fracking accident causing property loss
• Texas frac sand manufacturer – Defended against trespass claims in district court
• Michigan frac sand manufacturer – Breach of contract case before AAA
• Oil rig manufacturer – Wrongful death defense relating to oil field accidents
• Steel pipe manufacturer – Prosecution of claim against customer who failed to pay for steel pipe due to force majeure allegations

Off-Shore Oil and Gas

• Pref right disputes in Gulf of Mexico transactions
• Dispute over decommissioning off-shore oil wells and platform in Gulf of Mexico
• Analysis and negotiations over indemnity and insurance provisions concerning billion dollar offshore Gulf of Mexico production platform
• Negotiations and analysis of vendor contracts for major Gulf of Mexico construction contracts
• Multiple lawsuits and arbitrations over cost sharing provisions in JOA for massive offshore oil storage platform
• Analysis and report on liability issues arising out of a pipeline leak in the Gulf of Mexico

Energy Trading

• Crude oil traders – analysis of force majeure and other issues relating to negative prices arising from COVID -19
• Crude oil traders – Defended against $300 million in claims arising out of purchases of allegedly stolen national gas condensate
• Gas trader – Assisted in defense of various claims under NAESB contracts
• Crude oil traders – analysis of various claims and defenses relating to negative pricing of crude oil during April 2020

LNG

• Arbitration involving dispute between shipper and transporter over whether one party had to pay for costs of cross through Panama canal
• Analysis of dispute relating to efficient breach of LNG contract in the event of a protracted force majeure event
• Arbitration over whether construction of LNG facility had been completed for purposes of triggering PSA obligations for LNG
• LNG Customer – dispute over whether COD has been achieved under a SPA with LNG operator

Data Centers

• Advice and counseling regarding county and municipal bans of data centers in Texas Counties
• Representative of data center developer on multiple disputes concerning development of data Center facilities and supporting generation

Representative Reported Cases

• In re Luminant Generation Company LLC; Court of Appeals of Texas, Houston (1^st Dist.). 2023 WL 8630982 01-23-00097-CV, 01-23-00103-CV, 01-23-00392-CV, 01-23-00393-CV (Winter Storm Uri mandamus)
• TotalEnergies E&P USA, Inc. v. MP Gulf of Mexico, LLC Supreme Court of Texas. April 14, 2023 667 S.W.3d 694 66 Tex. Sup. Ct. J. 591 21-0028 153 Citing References (revisions trial court decision on arbitrability of dispute over offshore drilling costs)
• Martin v. Hopkins Energy, LLC Court of Appeals of Texas, Texarkana. October 05, 2021 Not Reported in S.W. Rptr. 2021 WL 4527904 06-21-00070-CV (dismissal of plaintiff suit over windfarm nuisance case).
• Sansom v. Texas Railroad Commission Court of Appeals of Texas, Austin. May 20, 2021 Not Reported in S.W. Rptr. Util. L. Rep. P 27,528 03-19-00469-CV 8 Citing References (dismissal of pipeline nuisance case)
• Great American Insurance Company of New York v. Compass Well Services, LLC Court of Appeals of Texas, Fort Worth. December 17, 2020 Not Reported in S.W. Rptr. 2020 WL 7393321 02-19-00373-CV 82 Citing References (affirms win against insurance carrier over damage to oil field frac equipment)
• M&M Broadcasters, Ltd. v. Engie North America, Inc. Court of Appeals of Texas, Waco. December 09, 2020 Not Reported in S.W. Rptr. 2020 WL 7256312 10-20-00290-CV (dismissal of appeal by plaintiff after losing windfarm nuisance case)
• Adams v. Murphy Oil, 497 S.W.2d 510 (Tex. App—San Antonio 2016; affirming that operator had no obligation to drill an offset horizontal well
• GC Development v. Zayas, Civ. Action No. B-15-129 (S.D. Tex. 2017); affirming award of legal fees on breach of contract claim
• Mayo Foundation v. Courson Oil & Gas, Inc., – S.W.3d –, No. 07-16-00022-CV, 2016 WL 5874962 (Tex. App., Oct. 7, 2016); affirming motion for summary judgment of construction on continuous drilling and retained acreage clauses in oil and gas lease
• Cerny v. Marathon Oil Corp. Cerny v. Marathon Oil Corp., 480 S.W.3d 612, 614-25 (Tex. App.–San Antonio 2015, pet. filed); upheld lower court decision dismissing a family's nuisance and negligence claims against two oil companies for alleged health and property damage stemming from hydraulic fracturing operations near their home
• Pemex Exploracion y Produccion v. BASF Corp., 2014 WL 1877656 (S.D. Tex. 2014); dismissal of claims for conversion involving allegedly stolen hydrocarbons
• Ladd v. Silver Star I Power Partners, 2013 WL 3377290 (Tex. App.—Eastland 2013, writ denied); dismissal of windfarm nuisance claim
• GRT, Inc. v. Marathon GTF Tech., Ltd., 2012 WL 2356489 (Del. Chancery Ct. 2012) (first opinion); dismissal of construction claims involving gas-to fuels refinery construction project
• GRT, Inc. v. Marathon GTF Technology, Ltd., 2011 WL 2682898 (Del. Chancery Ct. 2012); partial dismissal of construction claims involving gas-to-fuels refinery
• Pemex Exploracion y Produccion v. BASF Corp., 2011 WL 9523407 (S.D. Tex. 2011); partial dismissal of conversion claims involving allegedly stolen hydrocarbons
• Coastal Habitat Alliance v. Patterson, 601 F. Supp. 2d 868 (W.D. Tex. 2008); dismissal of suit against coastal windfarm under the Coastal Zone Management Act
• In re City of Wharton, 2005 WL 3214798 (Tex. App.—Houston [1st Dist.] 2005); dismissal of gas utility franchise fee suit
• Houston Lighting & Power Co. v. Auchan USA, Inc., 995 S.W.2d 668 (Tex. 1999); leading Texas case on validity of utility tariff limitation of liability provision
• Reed vs. Prudential Sec. Inc., 875 F.Supp. 1285 (S.D. Tex. 1995); limitations as to 10b-5 securities claim
• McIntire v. Rollins, Inc., 888 F.Supp. 68 (S.D. Texas, Corpus Christi Division 1995); dismissal of environmental claim against employee based on fraudulent joinder