Cases
Experience: Antitrust: Defended nationwide class action regarding alleged horizontal
vertical agreements in provision of medical services. The lawsuit, filed in the United States District Court for the Western District of Texas, involved both individual
corporate defendants stretching over multiple layers of the health care industry, including private physicians, health care advocacy groups, private public interest groups,
insurance companies.
Defendant national grocery store chain in numerous class actions brought in federal court alleging price fixing
price gauging related to egg prices during the Covid 19 p
emic. Plaintiffs alleged that defendants had improperly marked up the cost of eggs during the early months of COVID-19. The cases were all dismissed
the dismissal was eventually upheld by the 5th Circuit Court of Appeals.
Represented market competitor in Federal Trade Commission investigation
subsequent litigation relating to potential anticompetitive concentration in the retail mattress market.
Represented casino group in Federal Trade Commission investigation into potential concentration of the Las Vegas resort
casino markets.
Class Action: Represented national grocery chain in putative nationwide class action regarding alleged failure to pay employee wages. The case involved novel issues of nationwide prosecution of state-based claims in jurisdiction with minimal contacts to those claims, resulting in early appeal of availability of class-action forum shopping. Ultimately obtained denial of class action certification based on multiple grounds.
Represented corporation in nationwide ERISA class action for alleged harm to stock prices arising from government investigation. Obtained dismissal of the class action, which was affirmed in subsequent appeal to the United States Court of Appeals for the Fifth Circuit.
Represented national grocery chain in statewide class action arising under alleged improper weighing
charging for grocery items. Obtained summary judgment of the class action, which was affirmed in subsequent appeal.
Energy Natural Resources: Represented claimant (owner of Permian based water production assets
water pipelines) in dispute involving purchase of water assets
water pipeline resources in New Mexico. Claims exceeded $10,000,000
were brought in Colorado State Court in Denver. Client recovered on all claims asserted.
Represented defendant (oil
gas pipeline owner) in dispute involving purchase of pipeline in South Texas. Plaintiff alleged failure to perform under purchase
sale agreement. All claims were resolved
all claims were dismissed with prejudice.
Represented defendant in energy litigation stemming from Winter Storm Ure in Texas, when lack of power generation led ERCOT to pay industrial consumers to not use electricity while the grid was overburdened. Case involved withholding of contract payments based on risk of ERCOT may have a repricing event. Case was resolved.
Other Complex Commercial Matters: Represented claimant (international private equity investor) in AAA arbitration concerning portfolio company investment
seeking declaratory judgment regarding amendments made to portfolio company agreement
dismissal of minority partner.
Represented clients in numerous matters involving claims in state court related to the creation
scope of easements, including the creation
/or interpretation of easement rights over the shores
waters of the Highl
Lakes in/around Central Texas.
Represented clients in numerous matters involving commercial lease disputes.
Represented clients in numerous matters involving alleged minority-shareholder oppression
/or commercial business divorces.
