Commercial & Business Litigation

Represented a publicly traded integrated energy company in a lawsuit filed by mineral owners in the “Haynesville Shale” for unpaid royalties and production proceeds from many wells, some which have been producing since 1977. Obtained successful settlement through the use of various technical defenses.

Representation of an independent oil and gas company and certain related individuals to defend property ownership and mineral rights against contrary claims of ownership by the United States of America and mineral lessees thereof. The dispute involved conflicting interpretations as to the factual and legal status of certain lands currently covered by a freshwater lake. The property placed at issue included more than 3000 acres having millions of dollars in value. The Firm obtained several favorable rulings and entered into a stipulated judgment in favor of its client as to all but a few acres of the property originally placed at issue.

Represented The St. Joseph Society of the Sacred Heart, Inc. (the “Josephites”) in litigation with the local members of the Board of Directors for St. Augustine High School over control of the high school and whether amended corporate by-laws enacted by the local members of the high school’s Board of Directors were valid; filed a Petition for Declaratory Judgment and Injunctive Relief in Federal Court, obtained a temporary restraining order returning control of the high school to the Josephites and then assisted the Josephites in working out a compromise with local members of the high school’s Board of Directors and drafting new by-laws.

Represented an agricultural corporation with respect to the attempted expropriation of a power line right of way through its farming property. The Firm obtained a favorable determination at trial regarding value for the property taken and certain other property affected. The matter was settled prior to appeal.

Represented the operator and owner of video poker locations in litigation regarding the distribution of proceeds and interpretation of the underlying contract. Successfully argued various issues regarding contract interpretation and viability of the contract under prevailing laws, including issues specifically regarding the amount of any alleged damages.

Summary judgment affirmed by the United States Fifth Circuit Court of Appeals against a debtor seeking to avoid personal liability on an underlying debt due to internal accounting practices of the Special Servicer of the Trustee of a Real Estate Mortgage Investment Conduit (“REMIC”). In this matter, the debtor sought to use the REMIC rules and the internal accounting procedures, which were intended for the benefit of the certificate holders, to discharge the underlying debt included within the pooled investments. The decision of the Fifth Circuit rejects the debtor’s attempt to modify the liability of the parties to the secured debt by reference to the REMIC’s internal characterization of the funds received and distributed to the certificate holders.

In a case of first impression in the state, the firm obtained a reversal and remand decision from the First Circuit in a state sales tax case that has significant impact in the sales tax litigation arena within the state. The precise issue had never been precisely addressed in any prior published decision in the state, although the 1993 decision of the Louisiana Supreme Court in the case of Cox Cable New Orleans, Inc. v. City of New Orleans, 92-2311 (La. 9/3/93), 624 So.2d 890 suggested that the result was correct. The issue presented for decision was whether a taxpayer may file and prosecute a sales tax refund action through an agent in an action in which the actual taxpayer was not a party. The trial court granted a no right of action exception filed by the State Department of Revenue and our client appealed. The Louisiana Supreme Court affirmed the decision of the Court of Appeals and held that a taxpayer may file and prosecute a tax refund action through an agent even if the actual taxpayer is not a party to the action.

Defended a publicly-traded oil and gas company in a case brought by the plaintiff for past due royalties and claim for damages of double the amount of royalties due and lease cancellation under the Louisiana Mineral Code. The case was tried in U. S. District Court, Western District of Louisiana, resulting in a jury verdict in favor of the client, awarding no damages or lease cancellation.

Defending a publicly traded oil and gas company and its joint venture partner in a putative class action lawsuit whereby individuals claim to have been damaged and adversely affected by circumstances related to drilling activities, including allegations of water, soil, and air contamination affecting more than 100 individuals and nearby property.