Cases
Experience: Class Action, Mass Action,
Multi-District Litigation: Obtained summary judgment on behalf of Health Insurance Client in a lawsuit brought by nine emergency room physician groups seeking reimbursement for alleged underpayment on 5+ years of disputed emergency room billings. The lawsuit, filed in Travis County, Texas, was an issue of first impression
alleged that the insurer had failed to pay the proper amount for out-of-network emergency services that were rendered to insurance plan members from 2015 through 2020. The doctor staffing plaintiffs alleged that defendants had underpaid more than 15,000 ER visits
they alleged damages exceeded $100 million. Plaintiffs asserted claims under Section 1271 of the Texas Insurance Code. They also alleged unfair settlement practices under Section 541 of the Texas Insurance Code, alleged violations of the Texas Prompt Payment Act, quantum merit,
sought a declaratory judgment asking the jury to set reimbursement rates going forward. All claims were disputed
dismissed with prejudice via summary judgment.
Represented defendant (wind energy developer) that was sued in relation to the Winter Storm Uri event in Texas. Plaintiffs alleged that wind developer had failed to provide/generate power during the winter storm event
all cases were eventually referred to Texas Multidistrict Litigation. Claims against client were eventually dismissed upon showing that the client had in fact delivered excess energy during Winter Storm Uri.
Represented defendants (oil
gas exploration
production companies) in numerous class action lawsuits alleging improper payment of Oklahoma gas well royalties. Plaintiffs alleged that no deductions could be taken at the well-head. Dispute was resolved after summary judgment arguments
before class certification.
Represented 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 private equity portfolio company in numerous class actions brought in federal court alleging wage
hour violations. Plaintiffs alleged that workers at oil
gas service companies had not been properly paid overtime benefits. Cases were filed in two states (Texas
New Mexico). All case were resolved before class certification.
Energy & Natural Resources: Represented super major oil
gas operator in Gulf of Mexico disputes involving development
operation of deepwater oil
gas gathering system
production. Confidential resolution was reached via arbitration.
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 claimant (owner of Permian based wastewater disposal assets) in dispute involving the purchase
sale agreement for wastewater disposal wells
permits in Texas. Claims exceeded $50,000,000
were brought in Texas State Court in Houston. The court granted the client's motion for summary judgment
the 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 (water pipeline owner
operator) in dispute involving design
construction of water pipeline in Colorado. Claims included delay
construction related issues. Client recovered on all claims asserted.
Represented defendant (oil
gas private equity investor) in federal litigation alleging tortious interference with employment contracts
business disparagement. Plaintiff alleged that private equity investor was liable for improperly dictating terms associated with investment. All claims were dismissed with prejudice.
Represented claimant (oil
gas exploration
production company) in AAA arbitration involving disputed Joint Operating Agreement
disputed AMI (Area of Mutual Interest). Client prevailed in all claims.
Represented defendant (oil
gas exploration
production company executive) in a multi-defendant litigation in South Texas concerning oil
gas leases covering approximately 50,000 acres. Plaintiff alleged defendants conspired to misappropriate plaintiff's Eagle Ford Shale opportunity. Cause of action against client was dismissal with prejudice three days before trial. Remaining defendants (represented by another firm) were found liable
jury awarded approximately $95 million in damages.
Represented defendant (oil
gas exploration
production company) in litigation alleging trespass to try title, lease termination,
trespass claims concerning oil
gas leases covering mineral rights located in two different counties in Texas. Court dismissed plaintiff's claims against client with prejudice.
Represented defendant (oil
gas exploration
production company) in litigation alleging trespass to try title, termination of an underlying lease due to failure to produce in paying quantities,
trespass claims concerning oil
gas leases
the drilling of an Eagle Ford Shale well pursuant to client's lease. The matter was resolved in the client's favor, the court dismissed plaintiff's claims against client with prejudice,
the court further acknowledged the client's lease as the current lease in force
effect.
Represented defendant (oil
gas exploration
production company) in litigation alleging breach of an oral contract
attempting to impose a constructive trust concerning oil
gas leases in South Texas. The matter was resolved in the client's favor
court dismissed all claims.
Represented defendant (oil
gas exploration
production company) in litigation seeking a declaratory judgment
interpretation of terms
provisions of oil
gas lease
assignment of leases in Texas. All claims dismissed against client via summary judgment.
Represented defendant (oil
gas exploration
production company) in litigation alleging trespass to try title claims related to oil
gas leases granted by two different Catholic Dioceses in Texas. The Diocese of Laredo
the Diocese of San Antonio were asserting mineral rights over the same mineral leases. Litigation was resolved in the client's favor
all claims were dismissed by the court with prejudice.
Represented defendant in a cause of action alleging theft of trade secrets
breach of contractual non-compete
confidentiality obligations concerning loss of business opportunities from oil
gas leases. The litigation was successfully resolved prior to trial.
Environmental: Represented defendant (oil
gas exploration
production company) in Louisiana state
federal litigation alleging environmental claims associated with Coastal Use Permitting.
Represented defendant in litigation in Texas State Court concerning issues involving the Texas Commission on Environmental Quality.
Represented defendant in litigation in Texas Federal Court concerning issues involving Federal Super Fund.
Securities Fraud & Fiduciary Duty: 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.
Assisted in representation of Defendant (officer, general partner
venture capital promoter) against security fraud claims, wherein the plaintiffs sought to recover their initial investments
other damages exceeding $50,000,000.00.
Construction & Real Estate: Represented clients in numerous matters involving claims in state court
arbitration related to the planning, design
construction of single family
multi-family construction projects. Matters involved complex construction issues
systems, including but not limited to foundation, framing, roofing systems, stucco, window
door installation, water penetration,
building envelope. Representation has included owners, contractors, subcontractors,
design professionals.
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.
Assisted in obtaining $1,800,000 pre-judgment writ of attachment against a publicly traded corporation that ab
oned an entire office building
breached its commercial lease agreement.
The above representations were h
led by Mr. Duewall prior to his joining Greenberg Traurig, LLP.
