REPRESENTATIVE MATTERS:

ENERGY INDUSTRY:

• Representing the world’s largest pipe valve and fitting distributor in breach of warranty and product liability actions, among others, in several states and in Canada.
• Represented a major oil company in Texas state court in a breach of warranty and negligence action against a pipeline company related to the delivery of fluoride-contaminated natural gas liquids. As a result of the defendant’s delivery of contaminated goods, our client’s refinery incurred multimillion-dollar damages in damaged products and mitigation costs. We settled the case on terms favorable to our client prior to trial.
• Representing an exploration and production company in Texas state court in a dispute related to a down-hole casing collar failure, which resulted in a complete loss of our client’s recently completed 18,000 foot horizontal well in the Eaglebine shale.
• Represented a major oil company in Louisiana state court in a breach of contract, fraud and warranty action related to our client’s sale of a calcining plant, obtaining the dismissal of the plaintiff’s claims.
• Representing a minority shareholder of an oil and gas company in the prosecution of shareholder oppression claims against the majority shareholder.
• Defended a major oil company in an AAA-administered arbitration related to preferential rights to purchase several oil and gas fields and the sale of several hundred miles of related seismic data, obtaining a take-nothing award for our client.
• Representing a gasoline refining company in multiple disputes with its franchisees and marketers.
• Acting for a gasoline refining company in several price-fixing and price gouging investigations.
• Defended a major oil company against personal injury and products liability claims asserted by thousands of foreign banana farm workers in multiple lawsuits filed in California, Louisiana, Hawaii, Costa Rica, and Panama. Plaintiffs claimed sterility and other personal injuries due to alleged exposure to pesticides.
• Represented a multinational petrochemical company against groundwater contamination claims asserted by a number of municipalities and private water purveyors in California and Hawaii.
• Represented a major oil company in a pricing dispute related to a long-term contract for the purchase of petroleum coke. This ICDR arbitration concerned the price term applicable to petroleum coke sales under a 15-year sales agreement.
• Represented a natural gas exploration company in a dispute with a drilling contractor related to damaged drilling equipment. The case settled after we obtained a favorable ruling on a critical venue motion.
• Representing an oil field equipment supplier in a dispute related to a substantial construction project in Canada. Claimant general contractor alleges that late deliveries and deliveries of off-spec goods by our client have caused the Claimant to incur approximately $10 million in liquidated damages and lost productivity damages.

HEALTHCARE INDUSTRY:

• Defending a boutique hospital against claims brought by a health insurer seeking the disgorgement of approximately $15 million in claims paid due to allegedly improper coding of claims.
• Represented a freestanding emergency department in a dispute with a health insurer regarding underpayment of claims (and defended against insurer’s claim of improper coding and violations of Texas law). With approximately $7 million in controversy, we negotiated a confidential settlement for our client the weekend before trial.
• Representing a medical staffing company in a breach of contract and fraud action and related shareholder oppression dispute with several minority shareholders. In addition to assisting our client in avoiding a shareholder’s attempt to place the company into receivership, we obtained a temporary restraining order precluding another of the company’s minority shareholders and former employee from competing against our client and otherwise using our client’s confidential and proprietary information.
• Representing a publicly traded healthcare company in a fraud and breach of fiduciary duty case against a financial advisory firm. Our client seeks in excess of $3 million in damages and the return of several million shares of stock that defendants hold in our client’s company.
• Represented a physician in a breach of noncompete agreement action related to the sale of a privately owned hospital. We obtained a confidential favorable settlement for the client prior to trial.
• Obtained the summary judgment dismissal of a medical negligence wrongful death action brought against a hospital system.
• Represented a healthcare company in a breach of contract and fraud action against an equipment supplier. Settled on terms favorable to our client.