Challenge to County Sewage Permit Grant 2011
District Court, Hays County Texas
Challenge grant of septic permit by County Commissioners Court on grounds that
permit was not compliant with county regulations, and was granted without a
variance.
Receiver for Insolvent Title Agency 2011
District Court, Travis County, Texas
Serve as representative of the Special Deputy Receiver overseeing the
dissolution of large Houston area title agency. Establish and conduct claim
process, review and resolve claims against the insolvent entity, dispose of all
remaining company assets, and wind up operations.
Employment, Unfair Competition, and Non-Compete Litigation 2010
District Court, Jefferson County, Texas
Defend regional construction and inspection company in suit challenging hiring
practices and competitive activities resulting from expansion into new market.
Coordinate litigation, conduct discovery, depositions, and draft and argue
dispositive motions and coordinate negotiations resulting in settlement
favorable to client.
Fraud/Malpractice/RICO Investigation of Former Management 2010
United States District Court for the Eastern District of Virginia and Western
District of Tennessee (MDL)
Investigate Fraud/Malpractice/RICO claims against former management, as well as
professional service contractors (Accounting/Actuarial/Legal) of an insolvent
legal and medical malpractice carrier. Assist in the preparation and filing of
an action before the U.S. District Court (consolidated with other actions in a
multi-district litigation proceeding), seeking the recovery of funds to satisfy
unreserved policyholder claims and claims from general creditors. Research
company records to identify potential fraudulent or otherwise tortious conduct
and prepare case to establish fraud, breaches of fiduciary duty, and conspiracy
claims based on coordinated sham reinsurance transactions and other identified
schemes.
Reinsurance Recovery Litigation 2009
State Corporation Commission for the Commonwealth of Virginia
Represent insurance Receiver in litigation to recover reinsurance proceeds from
Cayman Island corporation that provided reinsurance to Virginia based medical
malpractice insurance company. Coordinate litigation, trial preparation,
negotiations, and obtain settlement to recover damages.
International Insolvency of Bermuda Reinsurer 2006
United States Bankruptcy Court for the Eastern District of Virginia, and Supreme
Court of Bermuda
Represent insurance Receiver in litigation and ultimate settlement of claim
filed by the liquidators for a Bermuda reinsurer in a United States Bankruptcy
Court. Defend Receiver's claim to multi-million dollar fund formerly held in a
trust at a domestic U.S. bank against claims by the Bermuda liquidator to obtain
turnover of the trust under provisions of 11 U.S.C. 304.
Involuntary Chapter 7 United States Bankruptcy to Recover Notes 2006
United States Bankruptcy Court for the Eastern District of Virginia, Richmond
Division
Represent insurance Receiver in involuntary Chapter 7 bankruptcy proceeding
against the attorneys-in-fact for two formerly affiliated risk retention groups
to recover on a series of notes that were assigned into a domestic trust account
established to secure offshore reinsurance treaties. Obtain assignment of claims
from liquidator of foreign reinsurance company and substitute Receiver in as
real party in interest.
Suit to Recover Royalties on Skim Oil 2005
District Court, Hutchinson County, Texas
Defend operator of commercial salt water disposal facility from claims by
mineral interest owners for a royalty on skim oil produced from off-lease water
disposed at facility. Obtained declaratory judgment that disposal rights were
part of surface and not mineral estate, and was awarded and collected attorney
fees for client.
Represent Gas Producer re: Alleged Pipeline Safety Violations 2005
Texas Railroad Commission
Represent small independent gas producer in agency action to shut down recently
purchased gas distribution pipeline based on alleged failure to conduct required
inspections and failure to implement proper personnel policies. Citations were
resolved based on agreed changes to system and creation and adoption of
appropriate safety policies.
Suit to Enforce City Development Regulations on Subdivision Plat 2004
District Court, Hays County, Texas
Represent civic association in suit contesting the City of Dripping Springs' use
of development agreements to grant wholesale variances from its subdivision
ordinances for projects approved in its Extra Territorial Jurisdiction ("ETJ").
Opposing party obtained passage of retroactive legislation approving such
agreements, and case was settled based on City's agreement to modify development
plats and to pursue modifications to its subdivision ordinances.
Texas Water Code Claim for Injury Due to Diversion of Surface Water
2004
District Court, Travis County, Texas
Represent property owner injured by adjacent subdivision's construction of a
detention pond designed to divert and accumulate surface water and to release
the outfall directly onto client's property. Claims were asserted for violations
of the Texas Water Code, for trespass, and, after the improvements were deeded
to the City, for an uncompensated taking, due to the increased and unnatural
quantities of water being cast onto client's property without an easement.
Settlement included damages, sale of easement, and construction of underground
storm water bypass.
Partial Lease Termination Suit 2002
District Court, Moore County, Texas
Defend large independent oil and gas company in suit by mineral interest owner
asserting master lease had reverted over the years in a piecemeal fashion.
Despite oil and/or gas having been continuously produced from one or more wells
on the 640 acre section covered by the base lease, fractional interest owner
asserted gas and oil estates had independently reverted with respect to each
drilling unit and substance. Cleared title to fractional interest and affirmed
remainder of lease.
Suit Against General Land Office to Prevent Termination of Lease 2000
District Court, Travis County, Texas
Suit against General Land Office alleging deprivation of client's property
interest in lease caused by regulatory and other delays preventing the start of
drilling. Reached an agreed settlement that extended lease for set period to
start drilling operations.
Federal Civil Rights Action 2001
United States District Court, Western District of Texas, Austin Division
Obtained award of damages and attorney fees from the City of Austin for its
violation of client's protected rights under the Fourth, Fifth, and Fourteenth
Amendments to the U.S. Constitution due to the unconstitutional deprivation of
client's property, a Bengal tiger, during an illegal search and seizure.
Subcontractor dispute on County Construction Project 2001
Odessa, Texas
Represent refrigeration company in claim for payment on contract to install
refrigeration and piping system to new ice rink at County Coliseum.
Contested Case Proceeding at the Railroad Commission 1995-2003
District Court, Travis County, Texas
Challenge state agency rules promulgated in contested case proceeding that
resulted in the sealing and deprivation of oil and gas wells. Suit challenged
the validity and applicability of rules under section 2001.038 of the Texas
Government Code (the Texas Administrative Procedure Act), and further sought
compensation for a regulatory taking based on the retroactive application of
these rules to an existing permit in violation of state and federal law.
Favorable judgment obtained at Third Court of Appeals was reversed by Texas
Supreme Court.
Commercial Salt Water Disposal Well 1998
Panhandle Field, Gray County, Texas
Represent land owner in opposition to the conversion of small oil lease into
large commercial salt water disposal facility without his authorization. Result
was one of the first district court decisions enjoining the use of existing
infrastructure for such commercial disposal of oil and gas waste without surface
owner authorization.
Recovery of Gas Sales Proceeds 1996
Panhandle Field, Moore County, Texas
Client funds placed in suspense account during 1980's due to general uncertainty
in field concerning proper ownership of severed gas and oil rights after FERC
proceedings brought under the NGPA. Obtained recovery of funds based on
congressional removal of FERC authority in this area and limitations bar to
other potential claims on ownership by third parties.
DTPA and Consumer Credit Protection Act Violations 1996
Residential Home Foreclosure, Humble, Texas
Misrepresentations and mishandling of foreclosure on a home improvement loan
transaction between contractor and retired home owner resulted in settlement
with bank due to potential liability of bank based on irregular assignment of
consumer loan and associated builders and mechanics lien to bank.
RCRA Facility Investigation 1992
Chemical Plant, Alvin, Texas
Conducted site operations for the implementation of an approved RCRA Facility
Investigation plan to delineate soil and groundwater contamination at operating
chemical plant. Designed and supervised well installation and sampling programs,
designed and implemented program to use cone-penetrometer to reduce risk of
cross-formation contamination in DNAPL area, analyzed field and laboratory
results, and prepared final report for submission to TNRCC and EPA.
Consulting Expert in Suit Opposing Landfill Site 1992
Proposed Cougar Landfill Project Houston, Texas
Firm hired by attorneys representing the City of Houston which opposed the
locating of the landfill within the city. Reviewed reports and depositions by
landfill proponent's engineer. Identified intermediate depth aquifer tapped by
adjacent water well and ignored in the study. Review lead to withdrawal of the
application by proponent.
Petroleum Storage Tank (PST) Excavation, Delineation Study, and
Groundwater Remediation System Design 1991
Distribution Center for Area Grocery Retailer, Houston, Texas
Removed PST and adjacent soils with hydrocarbon contamination from a leak,
obtained TWC approval for closure of the excavation, delineated the limits of
residual soil and groundwater contamination, and designed vacuum enhanced water
and vapor extraction remediation system.
Phase I Environmental Survey, Oil Field 1991
Old Humble Oil Field, Humble, Texas
Interest in field, discovered in early 1900's, passed to FDIC who had concerns
over possible salt water incursion into shallow aquifer by poorly plugged wells,
and past handling of pits and releases of crude oil. Reviewed history of site
including historical aerial photos, interviews with past operators and on-site
inspection of the field. Project identified shallow burial of brine pits,
locations of former drill sites, and extensive surface contamination.
Statistical Study of Effectiveness of Amplitude Processing 1987
Offshore Texas and Louisiana, State and Federal OCS
Conducted enhanced amplitude with offset processing over high amplitude
anomalies. Collected results of this and other similar studies over gas
producing formations and known dry hole locations. Statistically evaluated
predictive value of technique for determining thickness of formation and gas
producing zone.
Oil and Gas Prospect Generation and Promotion 1982-89
Texas and Louisiana Coastal Areas and Federal OCS
Developed leads for potential oil and gas fields using seismic, petrophysical,
and paleontologic data. Initiated data acquisition projects to create prospects
which could be promoted to management and partners for acquisition. Responsible
for the acquisition of eight federal OCS block.
Oil and Gas Field Development 1982-89
Texas and Louisiana Coastal Areas and Federal OCS
Detailed integration of drilling results and geophysical data to identify
underdeveloped areas of existing fields. Untested areas were promoted to
management or other companies as farm-in proposals, some of which were drilled
resulting in substantial increases in company reserves.
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