On February 23, 2010, the Court of Appeals affirmed a judgment dismissing all claims against ConocoPhillips Company and others arising out of ConocoPhillips’ sale of natural gas pipelines and processing plants near San Angelo, Texas.  Plaintiff WTG Gas Processing, L.P. (WTG) alleged it had an oral contract to purchase the assets, and filed suit against ConocoPhillips seeking damages for breach of contract, fraud, and negligent misrepresentation, together with claims for tortious interference with a contract or a prospective business relationship against ConocoPhillips’ financial advisor and the asset purchaser.

We were first retained to represent ConocoPhillips in December 2005.  In October 2007, the trial court granted full and final summary judgment for ConocoPhillips and the remaining Defendants, and WTG appealed.

The Court of Appeals affirmed the trial court’s grant of summary judgment in its entirety, holding that ConocoPhillips had conclusively negated the existence of any contract with WTG.  The court held that, under bid procedures communicated to each of the potential purchasers, ConocoPhillips unequivocally stated its intent not to be bound to any contract in the absence of a final, executed purchase and sale agreement, and further held that WTG’s evidence was insufficient as a matter of law to prove a waiver of those rights.  Because ConocoPhillips negated the existence of any contract with WTG, the court further affirmed the dismissal of WTG’s claim for tortious interference.

Robert Burford was co-counsel on this matter.