Crane v. JP Morgan Chase & Co, et al.
This lawsuit arose out of the purchase by Plaintiff, an individual investor, of approximately $35 million of asset backed sewer revenue securities from defendant JPMorgan. When the value of the securities suffered a significant drop in value, Plaintiff filed suit against JPMorgan alleging violations of the Texas Securities Act. Specifically, Plaintiff alleged that JPMorgan was selected as the underwriter and swap provider for the securities, by means of unlawful payments, which JPMorgan failed to disclose. Plaintiff alleged that, because JPMorgan had sold the securities by means of materially false statements and omissions, Plaintiff was entitled to rescission under the Texas Securities Act. On December 17, 2010, the trial court denied JPMorgan’s motions for summary judgment on Plaintiff’s claims. The case proceeded to trial in January 2011 in Harris County, Texas before the Honorable Mike Engelhart. Two days into trial, the parties entered into a confidential settlement which was favorable to our client.
U.S. Pipeline, Inc. v. Denbury Resources, Inc., et al.
Represented Claimant U.S. Pipeline, Inc. in an arbitration proceeding against Denbury Resources, Inc. and affiliated entities. The dispute arose out of U.S. Pipeline’s construction of a 272-mile long carbon-dioxide transmission pipeline. The construction project, initially estimated at nearly $250 million, was beset with delays and additional work, which we contended was primarily due to incomplete engineering and problems with permitting and right-of-way acquisition. U.S. Pipeline brought suit for breach of the construction contract, and sought damages in excess of $50 million. After defeating potentially dispositive summary judgment motions filed by Denbury, the case was resolved on the eve of trial on terms favorable for our client. The settlement amount is confidential.
Zachry Construction Corp. v. The Port of Houston Authority of Harris County, Texas
Represented Plaintiff Zachry Construction Corp. in a breach of contract action against the Port of Houston Authority. Following a three-month trial, the jury returned with a multi-million dollar verdict in favor of our client Zachry.
Appaloosa Investments L.P. I v. J.P. Morgan Securities, Inc., et al.
Prosecuted claims by mutual fund and hedge fund institutional investors in New Jersey state court against brokerage firms arising out of the collapse of Indonesian gold company Bre-X Minerals. See, e.g., Appaloosa Investment L.P. I v. J.P. Morgan Securities, Inc., 2008 WL 1819438 (N.J. Super. Ct. App. Div. 2008). The case settled for a confidential amount.
Enbridge Energy Partners, LP, v. Stupp Bros., Inc.
We represented Stupp Bros., Inc. in a lawsuit brought by Enbridge Energy Partners, LP involving alleged defects in a 400-mile pipeline. Stupp Bros., Inc., manufactured the steel pipeline pipe. Enbridge filed suit alleging claims for breach of contract, breach of warranty, redhibition (a Louisiana statutory warranty claim), negligence, fraud, and other causes of action. We obtained a summary judgment dismissing Enbridge's primary claims for breach of contract, breach of warranty, and redhibition. After favorable choice-of-law rulings on Enbridge's remaining tort claims, the case was resolved without trial in a confidential settlement.
Dmac Construction Corporation v. Surfside Interests, LLC et al.
Counsel for Plaintiff Dmac Construction in an arbitration arising out of Defendant’s failure to make payments in connection with our client’s construction of a $3 million marina in Surfside, Texas. Our client sought payment of monies owed under the contract and was met with counterclaims totaling over $1 million. After a week-long arbitration, the arbitrator ruled in our client's favor.
The Interfinancial Corp. v. Simon Jacobson, in his Capacity as Executor of the Estate of Marcel Degraye, Deceased
Represented Defendant, the executor of an estate, in a suit alleging breach of fiduciary duty, fraud, and a request for an accounting by a company against its deceased founder and 50% shareholder. Plaintiff originally demanded cash and securities in excess of $100 million. By the time of trial, a number of those claims had been dropped. The case was tried to a jury in December 2007. The court granted a directed verdict in our client’s favor at the close of Plaintiff's case.
Greenfield Energy, Inc., et al. v. EOG Resources, Inc., et al.
Counsel for a start-up Canadian oil company against a group of Trinidadian companies and a Houston oil and gas major in a dispute concerning a Trinidadian oil and gas field. The case settled favorably for our client for a confidential amount.
Paul A. Bragg v. Pride International, Inc.
Counsel for Defendant Pride International, Inc. in an employment dispute involving claims in excess of $17 million brought against Pride by its former President and Chief Executive Officer, Paul Bragg. Prior to trial, we obtained a summary judgment dismissing Plaintiff’s case in its entirety. Plaintiff appealed the trial court’s ruling, but the court of appeals upheld the summary judgment.