Jason Williams and Erin Bullard represented a water well drilling contractor in a suit against a landowner for failure to pay for drilling services in Ochiltree County, Texas. We successfully obtained death penalty sanctions against the landowner for discovery abuse that resulted in the trial court dismissing with prejudice the landowner’s numerous counterclaims. The Amarillo Court of Appeals upheld the dismissal of the landowner’s counterclaims on appeal. Upon remand to the trial court, Jason Williams prevailed in a bench trial obtaining a full recovery of the amount owed plus attorney’s fees.

At a prior firm, Philip Werner represented Marathon Oil Co. in a contract damage claim against a construction company to recover damages and expenses connected with a crane accident and release of toxic hydrofluoric acid. The accident occurred when a crane that was lifting a piece of heavy equipment dropped the equipment on a tank. The tank, which contained hydrofluoric acid, released the vapors. The hydrofluoric acid vapor release forced a reported 3,000 residents to evacuate the area.

After a trial that lasted nearly three weeks, a Harris County jury found both the defendant, CBI Na-Con, and plaintiff Marathon Oil negligent in connection with the accident. The jury placed 95 percent of the liability for the accident on CBI Na-Con and 5 percent on Marathon Oil. Marathon owned the refinery; CBI Na-Con was its contractor.

The court’s judgment ordered CBI Na-Con to pay Marathon Oil almost $11.9 million in actual damages, another $925,000 under an indemnity agreement, and $10 million in punitive damages. The judgment also ordered CBI Na-Con to pay another $8.4 million in prejudgment interest and court costs. The case received widespread attention, including a detailed report in the Texas Lawyer.

Obtained substantial recovery from royalty interest owner on a disputed overpayment. The matter had been pending and largely dormant for nearly six years at the time of the Firm’s engagement. Within a few months of the Firm’s retention and the reengagement of the litigation, the matter settled on terms favorable to the client.

We defended the manufacturer and supplier of a mechanical vertical inclination well survey tool known as a Wireless Drift Indicator against breach of warranty claims from a bankrupt operator that drilled a deviated hole that had to be sidetracked. After analyzing the drilling reports and interviewing and deposing rig personnel regarding key events, we determined that the operator failed to follow the survey tool operating instructions and made critical errors during drilling and in its handling of the bottom hole assembly. The case settled favorably shortly after we argued our summary judgment motion.

Represented Petro-Raider and related entities in multidistrict litigation in Reagan County, Midland County, and the Texas Railroad Commission. Petro-Raider sued Golden Gate and Kindee in Reagan County for breach of contract and fraud. In a countersuit, Golden Gate and Kindee filed a tortious interference and breach-of-contract lawsuit against Petro-Raider, alleging that Petro-Raider’s complaint before the RRC tortiously interfered with its rights. After filing comprehensive summary judgment motion on defendants’ claims, this case settled favorably.

Represented plaintiff, independent power producer Desert Power, in case involving gas-fired power plant. Desert Power alleged fraudulent inducement and breach of contract in connection with defendants’ emissions reduction combustion system. After obtaining fast-track scheduling order and conducting focused pretrial discovery in Judge Mark Davidson’s court, case settled confidentially.

We defended two inventors against whose former startup company a major energy company had secured a $10 million patent infringement judgment. Inventors were subject to a motion for contempt, allegations of fraudulent transfer and conspiracy, and other claims for relief in multiple federal court proceedings. Inventors’ new company had filed new claims of patent infringement against same major energy company relating to new patents over different technology. Case settled confidentially under a mutual settlement agreement.

Obtained favorable confidential settlement in complex dispute between oilfield services company and large exploration and production company arising out of boom of 2017 and shortage of frac crew and frac equipment. Dispute involved multiple issues ranging from cover damages in rapidly changing markets, reasonableness of legal bases for fishing and cleanup expenses; counterclaims for disparagement, defamation, and unpaid invoices. Case settled within three weeks of final arbitration hearing.

Recovered substantially all relief sought for law firm cheated out of contingent fee from settlement of patent-infringement litigation. Arbitrator’s award included recovery of vast majority of attorneys’ fees, noting that “Mr. Bissinger did an excellent job for his client (as did all counsel herein) in a complex matter involving valuation of patent infringement claims and several legal theories.”

Served as a party-appointed arbitrator in this dispute over an alleged breach of a supply contract for a large quantity of orthoxylene. Case involved complex issues under article 2 of the Uniform Commercial Code. After the arbitration panel issued its award, the case settled.

Defended oilfield chemicals supplier against $6 million lost-profits claim filed in Judge Ewing Werlein’s court. Filed motion for summary judgment on plaintiff’s lost-profits claim before the initial scheduling conference. Plaintiff dismissed claim shortly thereafter.

Defended De Bie Midland, Inc. in complex tortious interference and fraudulent transfer case over control of oil-and-gas equipment company. Hired six weeks before trial. After four-day trial, jury returned verdict denying all claims against De Bie Midland. Judge John Coselli entered take-nothing judgment for De Bie Midland.