Bill Kroger

DEEP REAL ESTATE AND OTHER COMPLEX COMMERCIAL LITIGATION EXPERIENCE:

Complex Commercial Litigation

• 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

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

Electric, Gas and Other Utilities

• Power Generators – Multiple disputes for power generators related to price of power arising out of Winter Storm URI in 2021
• Wind facilities – multiple arbitration and litigation disputes relating to alleged breaches of power purchase agreements
• 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
• Solar generator – defense of nuisance litigation against major East Texas solar facility in multiple forums

Renewable Energy

• Wind and solar facilities – defense of claims arising out of Winter Storm Uri in 2021
• 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

Oil and Gas Upstream/Operators and Working Interests

• 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

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

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
• LNG Shipper – Defense of LNG charges in London Court of International Arbitration proceeding
• 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

Representative Reported Cases

• 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