Insurance Matters

Windstorm Property Damage Claim (Tarrant Co., Tex.)
Represented a commercial property owner in claim for property damage coverage arising out of a windstorm. After the insurer’s initial denial, VKHH issued demands on behalf of the client, participated in an appraisal process, and filed a lawsuit, before reaching an early claim settlement.

Business Interruption Damage Claim (S.D. Tex., Galveston)
Represented a commercial manufacturer in a claim for multimillion-dollar business interruption losses resulting from a hurricane. The insurer denied the claim and the case proceeded to trial. Obtained a successful settlement after five days of jury trial testimony presented in the insured’s case.

Business Interruption Damage Claim (S.D. Tex., Brownsville)
Represented a food manufacturer in a claim for multimillion-dollar business interruption losses resulting from contamination of food products and an associated recall. The case was settled during trial.

Coverage Claim for Lawsuits Arising from Pipeline Leak (Texas Choice of Law)
Represented an energy company after its insurer denied its claim for indemnity in seven lawsuits arising out of a pipeline leak. The insurer denied based on the sudden and accidental pollution exclusion. Focused on an exception to the sudden and accidental pollution exclusion and negotiated a settlement to resolve the claim.

Insurance Agent Defense (E.D. Tex., Texarkana)
Obtained summary judgment for an insurance agent in a case involving claims of negligence and misrepresentation in procuring insurance coverage when plaintiff’s medical claim was denied.

Indemnity Claims (Various Tex. Venues)
Represented multiple parties in federal and state court indemnity claims. These claims have involved indemnity obligations under various indemnity contracts in several industries.

Insurance Coverage Analysis (Texas Choice of Law)
Represented multiple parties in analyzing and negotiating coverage claims. These claims have involved a variety of insurance policies, including commercial general liability; professional liability; directors and officers liability; employment practices liability; cyber and privacy liability; and excess and umbrella liability.

 Oil & Gas Matters

WPX Energy Permian LLC v. The State of Texas, The Texas General Land Office, et. al.
Represents WPX Energy Permian LLC in an ultra vires suit against several officials of the Texas General Land Office and University Lands in the District Couret of Ward County, Texas. WPX seeks title relief relating to a University Lands Development Unit Agreement covering 71 leases and more than 30,000 mineral acres in Ward and Winkler Counties.

Multi-District Litigation Coordination (Texas and National)
Represented one of the nation’s largest natural gas producers in two major multi-district litigations – one involving more than 20,000 plaintiffs and another comprising over 50 separate cases. Oversaw the organization and management of legal teams, including lawyers, legal assistants, and technology staff, to effectively support a high-volume docket. The role required cross-jurisdictional strategy, procedural coordination, and scalable litigation management across diverse claims.

Royalty and Statutory Claims Litigation (Tarrant Co., Tex.)
Represented energy companies in Texas litigation involving royalty disputes and statutory tort claims. Obtained summary judgment on a wide array of alleged damages, including attorneys’ fees, check stub fraud, punitive damages, and violations of the Texas Natural Resources Code. The court also dismissed tort claims barred by the economic loss rule and rejected claims related to alleged hedging transactions.

Adverse Possession Dispute (Midland Co., Tex)
Represented exploration and production company in an adverse possession case. Obtained a summary judgment in favor of our client that it had acquired title to a leasehold working interest by adverse possession, worth millions of dollars. The Judgment was confirmed on appeal by the Court of Appeals and the Texas Supreme Court denied petition for review brought by opposing parties. The case involved complex analysis of adverse possession law concerning a lease hold working interest and has been discussed in continuing legal education articles and blogs. PBEX II, LLC v. Dorchester Minerals, L.P., 670 S.W.3d 374 (Tex. App. – Amarillo, pet. denied).

Gas Purchase Agreement Dispute (Eddy Co., N. Mex.)
Represented an energy company in litigation concerning the interpretation of a gas purchase agreement, specifically whether the agreement permitted the midstream company to recover capital investments and whether certain settlement statement charges were excessive. The case raised complex questions regarding market practices and contractual pricing mechanisms in New Mexico’s gas sector.

Royalty Lease and Development Dispute (Tarrant Co., Tex.)
Defended an energy company in a multimillion-dollar dispute brought by a royalty owner under a Relinquishment Act Lease alleging breach of a provision requiring payment of the highest market price and failure to comply with the covenant to reasonably develop. The case involved intricate analysis of lease language, Texas royalty law, and the economics of well development. The case was tried to a jury, resulting in a take-nothing verdict for the Defendant.

Winter Storm Uri MDL (Harris Co., Tex.)
Defended an energy company against multiple claims in the Winter Storm Uri multi-district litigation, where plaintiffs alleged, they suffered property damage and personal injuries due to power outages during the 2021 winter storm. The proceedings were consolidated before a pretrial judge in Harris County and involved coordinated discovery and dispositive motions, causation analysis, and energy liability defenses.

Saltwater Injection Well Dispute (Loving Co., Tex.)
Represents an energy company in a trespass and property damage lawsuit brought by an exploration and production company. Plaintiffs allege that nearby saltwater disposal wells caused subsurface migration, resulting in the washout of reserves from which their wells produced. The case involves technical analysis, oilfield operations, and defense coordination in a venue central to Permian Basin activity.

Gas Release and Option Rights Arbitration (Dallas Co., Tex.)
Represented an energy company in a commercial arbitration against a large midstream company involving claims that upstream gas was not properly released and that the counterparty had improperly exercised an option to obtain natural gas liquids. The dispute focused on contractual definitions and performance obligations related to the release and control of hydrocarbons prior to delivery points.

Royalty Trust Arbitration (Dallas Co., Tex.)
Obtained a unanimous multimillion-dollar award for a royalty trust following a trial before a three-member arbitration panel. The key issue was whether a prior settlement could be classified as a production cost chargeable to the trust under the governing royalty agreements. The ruling protected the trust’s revenue stream and clarified contractual cost allocation.

Completion Cost Allocation Arbitration (Dallas Co., Tex.)
Represented an energy company in arbitration defending against a claim concerning the proper interpretation and calculation of “completion” costs under a joint development agreement.

Colorado Mineral Ownership Trial (Dallas Co., Tex.)
Represented individual oil and gas investors in a jury trial to obtain a declaration of ownership rights in mineral property located in Colorado. The case involved complex title issues and historical conveyances. The jury returned a favorable verdict recognizing the clients’ multimillion-dollar interest.

Lease Termination Trespass Dispute (McMullen Co., Tex.)
Defended an energy company against a multimillion-dollar trespass claim arising from alleged operations conducted after lease expiration. The case turned on lease termination principles and cessation of production. Prize Energy Resources, L.P. v. Cliff Hoskins, Inc., 345 S.W.3d 537 (Tex. App. 2011).

Saltwater Injection Trespass and Negligence Claim (N.D. Tex., Amarillo)
Litigated on behalf of an energy company in federal court against claims of trespass and negligence stemming from saltwater injection activities. The plaintiff alleged damage to its mineral estate caused by fluid migration. The case was resolved favorably before trial.

Gas Processing and Joint Operating Agreement Disputes (Various Tex. Venues)
Represented an energy company in multiple disputes, both in court and arbitration, arising under a gas processing agreement and joint operating agreement. Claims involved cost allocation, marketing obligations, and operational responsibilities.

Fiduciary Duty and Corporate Opportunity Claims (Texas)
Defended several energy companies and their principals in litigation involving allegations of breach of fiduciary duty and usurpation of corporate opportunities. The claims were resolved favorably without admission of wrongdoing.

Admissions

• Texas
• U.S. District Court, Eastern District of Texas
• U.S. District Court, Northern District of Texas
• U.S. District Court, Southern District of Texas
• U.S. District Court, Western District of Texas

Education

• Southern Methodist University Dedman School of Law (J.D., 1983)
  • Managing editor of the Southwestern Law Journal
• The University of North Carolina at Chapel Hill (B.A, 1980)

Memberships

• Dallas Bar Association, Business Litigation Practice Section; Tort and Insurance Practice Section, Chair, 2012.
• State Bar of Texas, Litigation Section, 1983; Insurance Law Section, 1988.
• Editor, Journal of Texas Insurance Law, 2011-2020.

• “New Fort Worth Trial Firm Adds Offices in Dallas, West Texas” Texas Lawyer, February 8, 2024.
• Texas Supreme Court Adopts Collusive-Fraud Exception to Eight Corners Rule, Insurance Law Section, State Bar of Texas, June 3, 2020.
• Texas Supreme Court Rejects Language-Based Exception to Eight Corners Rule, Insurance Law Section, State Bar of Texas, June 23, 2020.
• Cybersecurity Roundtable and 2021 Litigation Update, Speaking Engagement, Holland & Knight Program,  August 26, 2021.
• Cybersecurity Insurance: Trends and Traps, Speaking Engagement, February 4, 2021.
• These North Texas Businesses Bought Insurance, Only To Learn Coronavirus-Related Losses Aren’t Covered, Dallas Morning News. May 10, 2020.

• BL Rankings, Best Lawyers in America, “Insurance Coverage,” 2012-2016; “Insurance Law, Litigation – Insurance,” 2017-2025
• D Magazine, Best Lawyers in Dallas, Insurance Law, 2024-2025.
• BL Rankings, The Best Lawyers in America Guide, “Dallas Litigation – Insurance Lawyer of the Year,” 2022.
• The American Lawyer, “Top Rated Litigators,” 2021.
• Thomson Reuters, Texas Super Lawyers Magazine, “Insurance Coverage,” 2012-2016; “Business Litigation,” 2017-2020, Super Lawyers 2012-2020, 2025.