Results

Counsel for Exxon Mobil Corp. in Montana federal court involving claims against the largest investor-owned electric utility in the country regarding two extended electrical outages and power reliability problems that caused damages to an ExxonMobil refinery in excess of $90 million. Suit resulted in successful confidential recovery for the client after mediation.

Counsel for ExxonMobil Corp. and Luby’s Fuddruckers LLC in an antitrust lawsuit against Visa, MasterCard and numerous banks regarding anticompetitive interchange fees charged for credit and debit card purchases in excess of $500 million.  Suit resulted in a successful confidential settlement.

Counsel for partner suing derivatively on behalf of Blue Bell Creameries, LP in Delaware Chancery Court involving breach of contractual fiduciary duties related to extensive food safety violations that resulted in a total company shutdown and substantial loss of partnership value and profits. Suit resulted in a mediated settlement valued at over $60 million and the Court of Chancery approved both the settlement and a $9 million legal fee in light of the exceptional benefits obtained for the partnership.

Counsel for multi-billion-dollar convenience store owner and fuel distributorship conglomerate that opted out of multi-billion dollar class action settlement against Visa, MasterCard, and numerous national banks involving antitrust violations known as the In Re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation. Successfully defeated Defendants’ attempt to remove the individual suit to federal court and stay the litigation. Obtained summary judgment relief and a successful confidential recovery for Plaintiffs.  Defendants were represented by many of the largest and most well known law firms in the country.

Counsel for EnerVest Operating LLC in a product liability suit against a steel casing manufacturer and other entities in the distribution sales chain regarding breach of warranties after casing fractured and failed in a gas well. Suit resulted in successful confidential settlement during mediation days before trial. 

No. 109-08-0809, Gulf Energy Exploration Corp. v. Railroad Commission of Texas and Superior Energy Services L.L.C., in the 135th District Court of Calhoun County, Texas. Represented the plaintiff, an oil and gas exploration and production firm, on breach of contract, negligence, and gross negligence claims related to the wrongful plugging and abandonment of an orphaned offshore gas well. The case was tried to a jury for ten days and resulted in a unanimous verdict in favor of the plaintiff on all issues for $8.2 million. Opposing counsel was the Office of the Attorney General of Texas and Crady Jewett & McCulley LLP.

No. 2007-38989, Associated Construction Company WLL v. KBR, Inc. et al, in the District Court of Harris County, Texas 281st Judicial District. Represented the plaintiff, a Kuwaiti engineering and construction firm, on a breach of contract claim related to a subcontract to supply containerized housing units to support US Army personnel involved in the 2003 invasion of Iraq. The case was tried to a jury for eight days and resulted in a unanimous verdict in favor of the plaintiff on all issues for just under $40 million. The trial court disregarded a portion of the jury’s answers on damages and entered Final Judgment for just over $27.5 million. Opposing counsel was Bracewell & Giuliani, LLP.

No. 2001-12081, In re Rathborne Properties, LLC, et al, in the Civil District Court for the Parish of Orleans. Together with co-counsel from New Orleans, represented New Orleans land-owner as plaintiff against over fifty defendants, including essentially all of the major oil companies in the United States, for allegedly contaminating over 70 acres of land adjacent to the Harvey Canal with Naturally Occurring Radioactive Material (“NORM”). Damages were claimed in excess of one hundred million dollars. After seven years of litigation, punctuated by delays from Hurricane Katrina, significant confidential settlements were eventually reached with all defendants. Among other consideration, provisions were made for full remediation of the affected property. Opposing counsel included almost all of the recognizable law firms in New Orleans.

Cause No. 467704-A; Larry F. Robb, Individually and in behalf of a Class of Minority Shareholders of 3CI Complete Compliance Corp., et al vs. Stericycle, Inc., et al, in the First Judicial District Court of Caddo Parish, Louisiana. Represented a class of minority shareholders in a medical waste management company against the majority parent alleging several theories of action that primarily included minority shareholder oppression. Personally deposed the defendants’ board of directors, which included individuals from noted investment firms such as Bain Capital. The case settled for $32,500,000 in cash. Wynne & Wynne LLP was awarded a fee of $10,833,333.00 and reimbursement of its several hundred thousand dollars in expenses. The defendants were represented by Kirkland & Ellis from Chicago and by a local firm in Shreveport.

Speedy Stop Food Stores, LLC et al., v. Visa, Inc. et al.  Counsel for Plaintiffs in antitrust suit regarding supracompetitive interchange fees.  Asserted damages of over $40,000,000 before trebling.  Won essentially every ruling presented to the court.  Plaintiffs obtained successful confidential recovery.

Cause No. 2000-34687; Buffalo/Alabama Apartments, Ltd., et al vs Shepard Crane and Associates, Inc, et al; In the 269th Judicial District Court of Harris County, Texas. Counsel for Plaintiffs in suit regarding faulty construction of a parking garage at The Finger Apartments at River Oaks. Dispute was arbitrated, and Plaintiff recovered an award exceeding $4.5 million following a multi-day arbitration.

Cause No. 2009-73292; Jorge Gonzalez vs. [Lawyers and law firm]; In the 190th Judicial District Court of Harris County, Texas Represented Plaintiff on multi-million dollar claims of alleged legal malpractice for Defendants alleged failure to identify and timely pursue products liability claims arising out of an automobile collision involving a vehicle rollover. Confidential settlements reached in part through mediation. Defendants counsel were, respectively, Cruse, Scott, Henderson & Allen, LLP and Wilson, Elser, Moskowitz, Edelman & Dicker LLP.

Cause No. 2010-02015; Lucy Lee Hale and Carey Keene West III, Trustee vs. Merrill Lynch Trust Company of Texas, ML Life Agency, Inc. and Richard Wuensch; in the 55th Judicial District Court of Harris County, Texas Represented Plaintiffs on multi-million dollar claims against the Merrill Lynch defendants arising out of estate planning advice and related trust and insurance structuring and against lawyer and law firm on claims of legal malpractice. Confidential settlement reached in mediation. Merrill Lynch Defendants were represented by Hunton & Williams LLP. Lawyer defendants were represented by Henslee Schwartz, LLP.