Litigation Case Results
Summary Judgment for Major Oil Company
On claim challenging validity of lease and seeking recovery of over $2 million in oil and gas proceeds, and successfully defended summary judgment on appeal.
Obtained Judgment in Federal District Court
Ordering conveyance of overriding royalty on several thousand valuable mineral acres under disputed contract terms, and successfully defended judgment on appeal to Tenth Circuit Court of Appeals.
Tax Increase Held Unconstitutional
Represented tobacco companies in obtaining a favorable opinion from Oklahoma Supreme Court that a “fee” on the purchase of tobacco passed by the legislature to raise $215 million was actually a tax and subject to constitutional provisions governing revenue bills.
Class Certification and Liability Judgment in Mass-Flooding Litigation
Represented class of landowners and municipalities in action against state entity for mass-flooding, obtaining class certification and liability judgment following trial. Case settled in excess of $10 million.
Victory for Disability Insurance Company
Represented disability insurance company before the Tenth Circuit Court of Appeals and obtained favorable judgment for client regarding whether the insured was entitled to disability benefits due to alleged back pain, fibromyalgia and depression.
Tenth Circuit Court of Appeals Affirms Multi-Million Dollar Breach of Contract Judgment
After obtaining a $22.65 million judgment for the Firm’s client for a counterparty’s breach of a major gas asset purchase agreement, also obtained an award of interest and attorneys’ fees ultimately resulting in the client recovering nearly $30 million.
Royalty Owner Class Certification Denied
Obtained the first denial of a class certification motion on behalf of royalty owners in federal district court in Oklahoma City in almost 13 years. Subsequent decisions in the district followed suit.
North Dakota Court Persuaded to Refuse to Certify Class Action
Successful in persuading North Dakota court to refuse to certify a class action urged by a plaintiff on behalf of royalty owners in a large production unit in North Dakota.
Obtained Reversal of District Court’s Order to Certify Royalty Owners as a Class
Successful in convincing the Oklahoma Court of Civil Appeals to reverse a district court’s order certifying a class of royalty owners applying the de novo standard of review.
Billion Dollar Affirmative Injunctive Relief
Pursued and successfully obtained injunctive relief worth approximately $1 billion requiring affirmative assignment of oil and gas properties to rightful owner and successfully defended appeal of trial court decision to the Tenth Circuit Court of Appeals.
Obtained Victory for Life Insurance Company
Represented life insurance company before the Tenth Circuit Court of Appeals and obtained favorable judgment for client regarding whether the deceased’s beneficiaries were entitled to accidental death benefits after an overdose of prescription drugs.
Complaint to trial in less than 60 days
With a prompt adjudication on the merits crucial to the development of a $250 million wind farm project, the Firm persuaded a federal court to set a merits trial less than two months after the case was filed. At trial, the court found that in this instance, the proposed wind farm would not interfere with the plaintiff’s reasonable use of the surface estate to explore and develop its mineral interest and defeated the plaintiff’s request for a permanent injunction.
Multi-Million Dollar Medical Malpractice Judgment
Obtained multi-million medical malpractice judgment in action tried to state court jury and affirmed by appellate court on appeal.
Judgment Involving Properties Valued in Excess of $100 Million
In complex preferential rights action involving property valued in excess of $100 million, obtained judgment for client and successfully defended judgment in Tenth Circuit Court of Appeals.
Representation of Interstate Pipeline in Royalty Owner Class Action
Class plaintiffs sought more than $1.4 billion in damages. Successful motion practice on behalf of defendant substantially reduced exposure, and, following a multi-week trial, client was able to settle for a fraction of the damages sought.
Affirmance by State Appellate Court of $742 Million Verdict
In breach of merger agreement between energy companies, obtained $742 million verdict and affirmance of same on appeal to state appellate court.
Successful Trial Court and Appellate Representation Against MMS
Successfully handled trial court and subsequent appeal in matter involving Mineral Management Services, obtaining a favorable en banc decision for client in Circuit Court of Appeals.
Obtained Plaintiffs’ Verdict in Excess of $100 Million
Successfully brought class action against utility company, obtaining trial verdict in excess of $100 million and successfully handled appeal which was affirmed by Arkansas Supreme Court.
Property Judgment Involving in Excess of $65 Million in Properties
Obtained favorable trial court decision in verdict tried to jury in action involving complex contract action in Texas litigation involving claims valued in excess of $65 million.
Multi-Million Dollar Verdict in Complex Commercial Litigation
In complex commercial lawsuit obtained multi-million dollar verdict in addition to declaratory relief valued at hundreds of millions of dollars, including successful defense of same on appeal.
Multi-Million Dollar Plaintiffs Verdict
Three month trial of ground breaking private relator qui tam action under the False Claims Act. Case was settled after favorable jury verdict, but before statutory penalties were imposed by the Court.
MDL Class Action Antitrust Litigation
Obtained summary judgment for Fortune 500 company in multi-district class action antitrust litigation.
Summary Judgment at Trial Court
Obtained summary judgment for third party defendant in a class action involving indemnification claims exceeding $100 million.
Obtained Dismissal (Forum Non Conveniens) and Appellate Affirmance
In an action involving foreign litigants, obtained favorable trial court decision dismissing client based on forum non conveniens which dismissal was upheld by the Tenth Circuit Court of Appeals.
Successful Appellate Representation
Represented insurer in action before Tenth Circuit Court of Appeals and obtained reversal of trial court with instruction for district court to enter judgment in favor of defendant on bad faith claims.
Summary Judgment at Trial Court
In action representing employer, obtained summary judgment in favor of client/employer in claim involving sexual harassment and retaliation in violation of Title VII.
Obtained Summary Judgment for Employer
In action by Plaintiff alleging age discrimination and related employment claims obtained favorable trial court rulings.
Results obtained in any matter is dependent on the specific factual and legal circumstances, and do not necessarily mean the same results could be obtained in other cases.