Significant Results

TORTS

  • Obtained dismissal of negligence claim against trucking company for head-on collision.

  • Obtained summary judgment for commercial trucking client in federal litigation involving claims of multiple wrongful deaths.

  • Obtained summary judgment for wheel hub component manufacturer in case brought by severely injured firefighter who responded to tractor-trailer fire.

  • Achieved vacation of $1M default judgment against commercial trucking client in federal court for personal injury; upheld by Tenth Circuit Court of Appeals.

  • Obtained summary judgment for manufacturer in federal litigation alleging unsafe working conditions that allegedly resulted in serious bodily injury.

  • Successfully appealed and obtained reversal of state court grant of summary judgment in the Oklahoma Court of Civil Appeals for personal injury.

COMMERCIAL

  • Obtained dismissal of negligence, breach of contract and breach of fiduciary duty claims in federal litigation against bovine genetic products supplier based on the alleged loss of fetuses preserved in a failed cryogenic storage system.

  • Assisted in obtaining a $10,000,000 verdict in state court litigation in favor of manufacturer of air-cooled heat exchangers against competing manufacturer for breach of a Master Service Agreement.

ENVIRONMENTAL

  • Defeated attempted landowner class action for alleged surface and subsurface contamination from historical oil and gas operations over 55 square mile putative class area on behalf of two Fortune 100 members of energy industry.

  • Defeated attempted class of 3000+ littoral property owners on Grand Lake O’ Cherokees in northeast Oklahoma alleging water pollution on behalf of member of poultry industry.

  • Defeated attempted landowner class action for alleged air, water and soil contamination arising from the disposal of fly ash and oil and gas produced fluids on behalf of Fortune 100 member of energy industry.

  • Defeated attempted class action by Arkansas rice farmers for alleged environmental contamination on behalf of member of poultry industry.

  • Successfully defended member of poultry industry against claims of natural resource damages by Oklahoma municipality through exclusion of plaintiff’s key hydrologic modeling expert. Case settled at 7 percent of plaintiff’s demand.

  • Serving as lead liaison counsel for defense group for the past 10 years in settlement implementation for natural resource damage action under jurisdiction of federal court.

  • Successfully defended member of poultry industry against toxic tort claims brought by 120+ plaintiffs in Arkansas alleging cancer and death from arsenic exposure. First two trials resulted in defense verdicts leading to quick resolution of remaining claims.

  • Successfully defended member of poultry industry against claims by state Attorney General for injunctive relief, penalties and damages in excess of $1 Billion. Defeated preliminary injunction, and obtained defense judgments on damages claims and federal statutory claims. Appeared in 55-day trial on permanent injunctive relief and statutory penalties, awaiting judgment.

  • Served on trial team for litigation of nuisance claims asserted by 200+ property owners in Mississippi based upon claims of contamination from Naturally Occurring Radioactive Materials on behalf of energy company. Bellweather plaintiffs’ verdict in trial court was reversed by Mississippi Supreme Court.

  • Successfully represented Fortune 100 member of petroleum industry in multiple cost recovery actions related to clean-up of Super Fund Site.

CONSTRUCTION

  • Obtained dismissal of personal injury claims by an Owner’s employee against Architectural Firm based on alleged negligent design and construction oversight.

  • Obtained defense awards in two separate arbitrations on behalf of warranty company against claims of construction defects and indemnity.

  • Obtained dismissal of charges against engineers and engineering firm in a contested proceeding before the Oklahoma Board of Registration for Professional Engineers and Land Surveyors.

  • Three separate jury verdicts on behalf of property owners involved in construction defect/breach of contract claims.

  • Obtained summary judgment for manufacturer in federal litigation where seriously injured construction worker alleged that the manufacturer’s in-house engineers negligently created unsafe working conditions.

  • Obtained reversal on appeal and entry of judgment in favor of residential developer client against claims of general contractor's vendor for non-payment.

  • Obtained summary judgment against municipality in favor of a Surety on a Performance Bond.