Complex Litigation

• Defending one of the country’s largest electric generators from more than 30,000 claims alleging wrongful death, other personal injuries, and property damage in connection with power outages during Winter Storm Uri, with those cases consolidated into an MDL in Texas state court. Appointed liaison counsel on behalf of the more than 500 defendants in the MDL with responsible for coordinating the defendants and their defense and facilitating communications with the Court and other counsel. After successfully establishing the MDL, defendants obtained case management orders staying discovery and selecting bellwether cases for initial motions to dismiss. Ultimately, the generators were successful on appeal in establishing the cases against them should be dismissed, which decision remains on appeal with plaintiffs’ motions for rehearing en banc recently denied. In re Luminant Gen. Co. LLC, No. 01-23-00097-CV, 2023 WL 8630982 (Tex. App.—Houston [1st Dist.] Dec. 14, 2023).
• Also defending one of the largest pipeline companies in America as well as a global manufacturer and distributor of chemical products and ERCOT load resource in the same MDL, with Tré also serving as liaison counsel. The natural gas defendants successfully established the cases against them should be dismissed under Rule 91(a), with the plaintiffs ultimately conceding and dismissing in lieu of appeal. Meanwhile, successfully established the chemical manufacturer had no liability and obtained dismissal through a series of informal negotiations with plaintiffs.
• Defending several leading pipeline companies against class action claims and more than 20,000 individual claims claiming alleged manipulation of the natural gas market during Winter Storm Uri, Hurricane Ike, and other natural disasters. The nearly 100 defendants successfully joined the claims to the In re Winter Storm Uri MDL and defeated plaintiffs’ motions to remand, and again Tré was appointed as defendants’ liaison counsel to coordinate the defendants and their defense. The defendants again successfully obtained case management orders allowing bellwether initial motions to dismiss under Rule 91(a). Plaintiffs voluntarily conceded dismissal of half of the defendants, and the motions to dismiss of the others ultimately were granted, resulting in final orders of dismissal for all the bellwether cases. Appeals are expected.
• Defending the developer of The Woodlands, Texas in claims by more than 500 plaintiffs concerning approximately 300 properties in which Plaintiffs alleged negligent development, violations of Texas Deceptive Trade Practices Consumer Protection Act (DTPA), and breach of express and implied warranties concerning flooding caused by Hurricane Harvey, seeking in excess of $350 million. After extensive discovery, the case was dismissed in defendants’ favor via comprehensive summary judgments. Tré now is defending the judgment on appeal, obtaining a unanimous affirmance from Texas’ First Court of Appeals, Alexander v. The Woodlands Land Development Co., L.P., No. 01-22-00827-CV, 2024 WL 4885852 (Tex. App.—Houston [1st Dist.] Nov. 26, 2024).
• Retained as a strategic litigation consultant to assist plaintiff’s counsel from one of the largest law firms in America prosecute a complicated force majeure dispute on behalf of a major manufacturer against the largest domestic supplier of the commodity seeking nearly $100 million in cover and lost profit damages.
• Defending a large electric power generation company against multiple state and federal MDL class action antitrust claims alleging the client engaged in a conspiracy to manipulate natural gas and electricity markets through alleged ”wash sales,” ”Churning,” and false reporting and seeking in excess of $1 billion. Chosen by the ten company joint defense group to lead opposition to class certification in multiple states and successfully did so; subsequently defended that decision for the defense group to the 9th Circuit. After remand and another attempt to certify the class, now again leading the group’s opposition to certification before the 7th Circuit; currently awaiting decision after argument. Separately following remand, successfully established that Kansas’s repeal of “full consideration” damages during the pendency of the 20-year, high-stakes case was retroactive, eliminating $400 million in damages and setting important precedent. Reorganized FLI, Inc. v. Williams Cos., Inc., 1 F.4th 1214 (10th Cir. 2021).
• Defending one of the first cases to be filed in Texas’ newly established Business Courts, concerning the enforceability of a purchase and sale agreement concerning a valuable, large tract located in the Houston Medical Center and implicating issues of contract intent and construction, corporate governance and authority, and joint venture (JV) rights and obligations, as well as potential fraud in a real estate transaction.
• Also defending an autonomous trucking startup in another of the first cases to be filed in Texas’ newly established Business Courts and perhaps the largest as of its filing, in which TuSimple Holdings, Inc. alleges misappropriation of proprietary technologies and trade secrets, seeks significant alleged damages and to eliminate Tré’s client from competition, and implicates significant, cutting edge issues of artificial intelligence (AI) applications and independent development as well as significant issues concerning corporate governance, fiduciary duties, expropriation of assets to China, and the Committee on Foreign Investment in the United States (CFIUS). Aspects of the case also are being litigated in federal court in California and the Delaware Chancery Court.
• Representing the buyer of a company in the U.S. District Court for the Southern District of Texas concerning the valuation of the acquired company, the accuracy of representations and warranties provided during the transaction and whether there was any fraudulent activity involved, and the validity of disclaimers.
• Successfully defended one of the largest energy infrastructure companies in North America against claims by a Top 10 independent oil producer alleging breach of two gas purchase agreements and seeking hundreds of millions in damages under life of lease contracts.
• Defending one of the largest electric utilities in the United States against claims by a natural gas supplier and pipeline company alleging breaches of an agency agreement and tariff concerning alleged liability for operational flow order (OFO) penalties and replacement gas charges.
• Representing an ERCOT market load resource, successfully prosecuted claims against a natural gas and electric power marketing company for breaches of an Edison Electric Institute (EEI) master power purchase and sale agreement and related transaction confirmations and qualified scheduling entity (QSE) agreement in connection with ancillary service fees and force majeure issues stemming from Winter Storm Uri.
• Representing the owner of an iconic office tower in Downtown Houston in litigation concerning disputed rent escalation under a long-term ground lease of the real property underlying the building, successfully obtained a creative summary judgment and successfully defended it on appeal, with an affirmance and a denial of plaintiffs’ motion for rehearing en banc. Burke v. Houston PT BAC Office Limited Partnership (Bank of America), No. 01-21-00288-CV, 2024 WL 187445 (Tex. App.—Houston [1st Dist.] Jan. 18, 2024). Plaintiffs now have sought review in the Texas Supreme Court, which Tré continues to defend.
• Representing several officers and directors of a publicly traded company, obtained Rule 12(b)(6) dismissal of a shareholder’s claims seeking disgorgement of alleged short-swing insider trading profits under Section 16(b) of the Securities Exchange Act and obtained affirmance from the Fifth Circuit. See Jordan v. Flexton, 729 Fed. Appx. 282 (5th Cir. 2018).
• Represented an apartment complex owner and, ultimately, some of its prior lawyers in claims concerning personal injuries, fraud, conspiracy, and civil rights violations brought by former residents. Following extensive, successful state court litigation in Texas, obtained a 12(b)(6) dismissal when the case was recrafted and filed again in the Southern District of Texas, an affirmance from the Fifth Circuit on appeal, and denial of plaintiff’s petition for certiorari to the United States Supreme Court. McDade v. Fountains at Tidwell Limited, No. 24-20033, 2024 WL 2271840 (5th Circuit May 20, 2024), cert. denied, 2024 WL 4529851 (2024).
• Successfully represented a privately held midstream company in its lawsuit against a major pipeline and storage operator in the Houston Ship Channel alleging anticompetitive and exclusionary practices and seeking well over $100 million in damages; the case favorably settled before trial.
• Represented a leading energy supplier and natural gas marketer in claims alleging breach of a North American Energy Standards Board (NAESB) natural gas purchase agreement and transaction confirmation in connection with a disputed event of force majeure related to Winter Storm Uri and attendant orders from the Railroad Commission of Texas.
• Defended the Woodlands Land Development Company against the claims of more than 70 plaintiffs concerning more than 40 properties alleging negligent development, violations of Texas Deceptive Trade Practices Consumer Protection Act (DTPA), breach of express and implied warranties, fraud, and other business torts concerning allegations that undisclosed geologic conditions are affecting plaintiffs’ residences. After heated discovery, obtained full vindication for the defendants via multiple summary judgments, which were affirmed on appeal and declined to be reviewed by the Texas Supreme Court. See Bunch v. Woodlands Land Dev. Co., LP, No. 09-16-00136-CV, 2017 WL 3081095 (Tex. App.-Beaumont July 20, 2017, pet. denied) (mem. op.).
• Defended one of the country’s largest natural gas gathering and midstream companies in multiple royalty cases in several states, including Texas, Louisiana, Oklahoma, Pennsylvania, and Ohio, with allegations including fraud, conspiracy, violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), state and federal antitrust violations, and other business torts. In addition to serving as Texas counsel, Tré also served as national coordinating counsel.
• Represented a midstream company in litigation concerning disputes over the interpretation of several offshore platform and production handling agreements and attendant entitlement to fees and revenue.
• Prosecuted claims by a merchant power plant operator in two cases against Southern California Edison concerning alleged events of default in connection with complex bankruptcy proceedings, alleged improper termination of two long term power purchase agreements, and disputes concerning the proper application of mark-to-market damages clauses and attendant calculations, with one case subject to arbitration and one prosecuted in Los Angeles federal court and with total damages exceeding $100 million.
• Defended a Texas electric cooperative in litigation brought by its customers alleging breach of contract and other disputes concerning the interpretation of long term power purchase agreements that threatened the future of the facility.
• Defended a large electric power generation company in litigation with several former executives concerning disputes over whether a change in control had occurred under certain executive incentive compensation plans and retention agreements. The aggressive defense strategy resulted in an early victory via summary judgment before substantial defense costs were incurred.
• Defended the unregulated natural gas trading arm of a large Pacific Northwest electric utility and transmission and distribution company from claims brought by several natural gas traders alleging breaches of compensation agreements requiring deconstruction of complex derivative transactions with disputed mark-to-market valuations.
• Prosecuted claims by one of the country’s largest natural gas producers concerning breach of representations and warranties against the seller of numerous producing properties and a natural gas gathering system with issues concerning pipeline integrity and 404 permitting.
• Represented the owner of a property in Spokane, Washington adjacent to a federal Superfund site and a separate state-lead site in negotiations with the US Environmental Protection Agency, the Washington Department of Ecology, and the adjunct owners on a comprehensive, favorable settlement allowing no further action, property sales, and future redevelopment into multiple end-uses, including retail, healthcare, and residential.
• Defended a natural gas processor in claims brought by its primary customer concerning alleged breaches of several processing contracts following a disputed force majeure event that resulted in the destruction of a high-sulfur gas processing plant, including claims of reservoir damage and property damage and significant lost profits.
• Prosecuted claims on behalf of a midstream company in litigation against one of the world’s largest manufacturers of power sources and other equipment in the marine and energy markets in connection with alleged breaches of a long term maintenance contract concerning several large bore generators. Following successful enforcement of the parties’ disputed arbitration agreement through appeals to the Texas Supreme Court, prevailing at every level and defeating attempted dismissal via summary judgment, obtained a favorable monetary judgment and an award of attorneys’ fees following an evidentiary trial before a panel of three arbitrators.
• Defended an interstate gas pipeline against claims seeking more than $100 million for alleged breach of a straddle contract with a gas processing plant in Louisiana.
• Represented a former owner of a processing plant in litigation with the current owner concerning responsibility for environmental contamination at the facility involving complex issues of historic and current contamination, commingled plumes, and hydrocarbon fingerprinting.
• Defended a pipe manufacturer in a breach of contract suit over the delivery of allegedly defective pipe for the Keystone Pipeline.
• Assumed responsibility for and successfully concluded the litigation arising out of the July 1999 explosion at Kaiser Aluminum’s Gramercy, Louisiana alumina refinery. The catastrophic explosion spawned in excess of 100 lawsuits both by and against Kaiser, including a certified class of over 24,000 plaintiffs claiming exposure to various chemicals, substantial individual personal injury cases, and complex commercial and insurance coverage disputes. Responsible for managing the legal strategy which resulted in Kaiser’s successful defense of claims against it seeking in excess of $100 million in damages and its successful prosecution of claims to recover its $450 million in damages.
• Represented the owner of a refinery in Louisiana in successful prosecution of design professional negligence claims against an engineering and construction company charged with designing and rebuilding the refinery following an explosion, including claims of damages due to delay.
• Led the early crisis response to significant industrial accident in Louisiana, including an investigation by the federal Mine Health and Safety Administration that began nearly immediately. Managed and coordinated an extensive internal investigation, with both privileged and confidential and public components, and handled the litigation with the injured parties. Aggressively defended the cases within budget, resulting in withdrawal of the majority of the citations which had been issued and a summary judgment, which was upheld by the Fifth Circuit on appeal, in favor of the defense.
• Led a team of lawyers, accountants, and other professionals to successfully reconcile the more than 10,000 claims asserting liabilities exceeding $10 billion filed in Kaiser’s Chapter 11 case in a cost-effective and timely manner. Developed and successfully implemented a strategy for favorably resolving these claims.
• Successfully prosecuted several airbag products liability matters involving wrongful death and serious personal injury against major automobile manufacturers. These expert witness intensive cases involved highly specialized technical issues requiring detailed understanding and evaluation, and were aggressively and contentiously defended by the manufacturers. In each case, successfully collected substantial damages for the plaintiffs.

Environmental and Transactional Matters

• In connection with Chesapeake Energy Corporation’s sale of more than $2 billion in midstream gathering assets, represented the buyer to negotiate and document multiple long-term natural gas gathering and processing agreements concerning midstream assets in the Bossier, Haynesville, Eagle Ford, Marcellus, Niobrara, and Utica shale plays in seven states (Texas, Louisiana, New York, Ohio, Pennsylvania, West Virginia, and Wyoming), with both fixed fee and cost of service structures. Representation included responsibility for negotiating and documenting numerous new gas gathering and processing agreements across the portfolio to support the transaction as well as advising on various aspects of the transaction and having primary responsibility for coordinating with and resolving differences between several competing stakeholders.
• Represented midstream natural gas company in the negotiation and documentation of more than two dozen long-term natural gas gathering and processing agreements concerning assets in the Barnett, Haynesville, Eagle Ford, Marcellus, and Niobrara shale plays, with both fixed fee and cost of service structures, entered over the course of several years with various oil and gas producers and midstream companies.
• Successfully negotiated a groundbreaking multi-site environmental Consent Decree with three federal agencies, including all ten US EPA regions; the states of California, Rhode Island and Washington; and the Puyallup Tribe of Indians. The agreement resolved approximately $700 million of asserted liabilities at approximately 100 separate Superfund sites and ensured favorable treatment of future claims regarding future sites.
• Successfully negotiated the first environmental settlement in Washington state involving the use of a custodial trust and environmental insurance. In this unprecedented agreement, Kaiser Aluminum transferred a fifty-acre federal Superfund site to a custodial trust, negotiated and established for the purpose, to be administered under the supervision of the State of Washington and US EPA Region Ten. Kaiser obtained a full Covenant Not to Sue and contribution protection under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Washington Model Toxics Control Act (MTCA).
• Led a team of lawyers, environmental professionals, outside consultants, and real estate experts to balance competing market, labor, regulatory, and environmental issues and maximize positive value at an indefinitely-curtailed smelter in Spokane, Washington which included more than 1,000 acres of land in various stages of development and entitlement status and which contained a listed federal Superfund site. The strategy generated proceeds in excess of $20 million while resolving over $70 million in environmental and closure obligations.
• Led all aspects of the sale of a curtailed and environmentally-impacted smelter in Tacoma, Washington with material environmental issues, including portions which were in a federal Superfund site. The sale generated cash proceeds in excess of $10 million and resulted in the seller’s release from the attendant environmental and closure liabilities.
• Facilitated the sale of an alumina refinery with material environmental and closure liabilities, including numerous former spills, several landfills and dump sites in various stages of closure, and several existing solid and hazardous waste facilities, which threatened the transaction. Successfully negotiated and implemented an innovative combination of regulatory relief, environmental insurance, and environmental escrows to maximize the sales proceeds while minimizing future responsibility for the seller.
• Led the development and implementation of individualized and innovative exit strategies for approximately two dozen environmentally impacted properties in multiple states owned by a large manufacturing concern, employing a wide-range of legal, regulatory, risk management, and financial tools to facilitate a successful Chapter 11 reorganization.

• Chambers USA: America’s Leading Lawyers for Business, Ranked for Litigation: General Commercial – Texas: Houston & Surrounds
• The Best Lawyers in America (Woodward/White Inc.), Commercial Litigation, 2021, 2025
• Texas Super Lawyer, Super Lawyers by Thomson Reuters, 2023-2024
• Lawdragon 500 Leading Litigators in America
• Rising Star, Texas Monthly

• Quoted in “Self-Driving Truck Company TuSimple Sues Co-Founder’s New Venture Over Alleged Theft of Trade Secrets, Proprietary Technology,” The Texas Lawbook (November 2024)
• Quoted in “Howard Hughes Corp. Beats Hurricane Harvey Flood Suit,” Law360 (November 2024)
• Editor, O’Connor’s Texas Oil & Gas – Statutes & Regulations, Thomson Reuters (2014-2023)
• Contributor, Regulation of the Gas Industry, Litigation Affecting the Natural Gas Industry – Chapter 51, Matthew Bender Elite Products, 5 volume set) (2019-2023)
• Quoted in “Texas power plants have no responsibility to provide electricity in emergencies, judges rule,” Austin NPR Station (December 2023)
• Quoted in “Power Generator Companies Get Landmark Decision in Winter Storm Uri MDL,” Texas Lawyer (December 2023)
• Quoted in “Appeals panel says power generators cannot be sued by consumers over Winter Storm Uri failings,” Houston Chronicle (December 2023)
• Quoted in “Houston Appeals Court: Power Generators Had ’No Legal Duty’ To Retail Customers During Winter Storm Uri,” The Texas Lawbook (December 2023)
• Noted in “Judges Reject CirclesX Petition to Separate from MDL,” The Texas Lawbook (December 2023)
• Speaker, “Winter Storm Uri Litigation,” The Texas Lawbook CLE webcast (September 2023)
• Noted in “Energy Companies Racking Up Hundreds of Millions in Legal Bills in Winter Storm Uri Litigation,” The Texas Lawbook (September 2023)
• Quoted in “Natural Gas Companies Dismissed from Winter Storm Uri Lawsuits,” The Texas Lawbook (February 2023)

• The State Bar of Texas
  • Litigation Section
  • Environmental Section
• The Houston Bar Association
  • Litigation Section
  • Environmental Section
• The Louisiana Bar Association
• Colorado Bar Association
  • Litigation Section
  • Appellate Section
• District of Columbia Bar Association

More Client Results

September 17, 2024
Attorney News

Jackson Walker Congratulates Its “Texas Super Lawyers” of 2024

Jackson Walker proudly announces the selection of 71 attorneys to Thomson Reuters’ 2024 “Texas Super Lawyers” list.

Each year, less than 5% of attorneys in Texas are named to the list. Selection is based off of peer nominations that are then reviewed by a research team. Each nominee is evaluated on his or her professional accomplishments, peer recognition, and community involvement.

September 9, 2024
Attorney News

Jackson Walker Congratulates 36 Attorneys Named Among the Lawdragon 500 Leading Litigators in America

Jackson Walker is pleased to announce the selection of 36 attorneys to Lawdragon’s 2025 list of the 500 leading litigators in America. The third edition of this list recognizes America’s top talent in antitrust, financial and securities litigation, intellectual property, commercial litigation, real estate, mergers and acquisitions, cybersecurity, and white collar and investigations.

August 15, 2024
Attorney News

‘The Best Lawyers in America’ Features 306 Jackson Walker Attorneys in 2025 Edition, Including 9 “Lawyers of the Year” and 75 “Ones to Watch”

The Best Lawyers in America has recognized 306 Jackson Walker attorneys across 81 specialty practice areas in its 2025 edition, including 9 Lawyers of the Year and 75 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (75 attorneys) and Real Estate Law (55 attorneys) and the addition of 27 attorneys as Best Lawyers.

June 6, 2024
Spotlight

Chambers and Partners Releases 2024 USA Guide Featuring 67 Jackson Walker Attorneys and 23 Ranked Departments

Jackson Walker is pleased to announce that Chambers and Partners has selected 67 attorneys and 23 departments for inclusion in the 2024 edition of the Global and USA guides. Attorneys were ranked across 27 departments, with 3 attorneys listed among multiple areas, 8 ranked nationwide in their respective areas, and 15 recognized for the first time.

June 6, 2024
Spotlight

Antitrust Practice, Led by Edwin Buffmire, Recognized in Chambers USA Guide

Jackson Walker proudly announces the first-time rankings of the Antitrust practice and practice chair Edwin Buffmire in the Chambers USA Guide released on June 6, 2024.

December 15, 2023
Mentions

Tré Fischer Quoted on Winter Storm Uri MDL Ruling

Tré Fischer spoke with The Texas Lawbook and Houston Chronicle about the Texas First District Court of Appeals decision issued on December 14, 2023, in the Winter Storm Uri multi-district litigation. Tré serves as liaison counsel for the hundreds of defendants in the MDL.

September 19, 2023
Attorney News

Jackson Walker Congratulates Its “Texas Super Lawyers” of 2023

Each year, less than 5% of attorneys in Texas are named to the list. Selection is based off of peer nominations that are then reviewed by a research team. Each nominee is evaluated on his or her professional accomplishments, peer recognition, and community involvement.

September 14, 2023
Attorney News

Jackson Walker Congratulates 35 Attorneys Named Among the Lawdragon 500 Leading Litigators in America

Jackson Walker announces the selection of 35 attorneys to Lawdragon’s 2024 list of the 500 leading litigators in America.

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