Energy

LWS attorneys have litigation experience in nearly every aspect of the energy industry. We have represented E&P companies in disputes over royalties, casing failures, operatorship, lease rights, drilling techniques (i.e., “fracking”), and offshore platform removal. We have defended pipeline companies and gas processors who have been sued for allegedly creating nuisances, causing explosions, breaching processing and/or transportation agreements, and polluting. LWS attorneys have also represented utilities and downstream energy suppliers in cases involving power-line contact (including electrocutions), residential explosions, wildfires, alleged breaches of purchase and/or supply contracts, and purported market manipulation. In addition to parties in the energy supply chain, we have represented numerous ancillary service providers such as promoters, coal transporters, technology and equipment suppliers, plant and pipeline constructors, energy managers, and providers of title work. Examples of our accomplishments and engagements include the following:

  • Winning a zero-liability judgment after trial of a $20 million claim for breach of a natural gas supply contract. See City of Detroit v. TXU Energy Retail Co., 2005 U.S. Dist. LEXIS 20588 (E.D. Mich. Sept. 21, 2005), aff’d, 221 Fed. Appx. 387 (6th Cir. Feb. 16, 2007).
  • Obtaining a zero-liability jury verdict in a seven figure nuisance action brought by homeowners abutting client’s new gas processing facility.
  • Securing a multi-million dollar arbitration award for a natural gas marketing company against a New Jersey retail gas provider. See Metromedia Energy, Inc. v. Enserch Energy Servs., Inc., 409 F.3d 574 (3d Cir. 2005).
  • Successfully defending an electric generating company in an administrative proceeding seeking the largest fine ($171 million) ever imposed by the Public Utility Commission of Texas.
  • Obtaining summary judgment dismissing a $20-30 million claim brought by insurers, homeowners, and a resort alleging that a client power line company started Texas’s “1148 Complex Fire” in Possum Kingdom in 2009. The judgment has been appealed.

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