Chemicals

Our attorneys have in-depth experience with the full spectrum of litigation and regulatory controversies facing companies that produce chemicals, fluorochemicals, industrial gasses, plastics, polymers and a host of related products.  The foundation of our counsel is the firm’s extensive energy industry practice, coupled with recognized strengths in commercial, environmental, product liability and toxic tort litigation defense.  However, because the production, storage, and transportation of chemicals involve a complex network of global business transactions, we also regularly handle disputes over such operational issues as contract disagreements, construction controversies, and employment law disputes.  Our energy team has represented some of the world’s largest chemical producers in litigation over projects and activities from Texas to Qatar to Pakistan.  We provide them with tenacious courtroom advocacy and mastery of the intricate details of chemical production and marketing in our trial representation. 

Construction Disputes

Chemical processing facilities are complex and highly capital intensive projects, with the potential for substantial economic loss if construction defects or other structural claims arise.  Our firm has represented chemical companies around the world in construction disputes.

• We represented a Qatar chemical company that is the joint venture of two of the world’s largest chemical producers, in a credit case against the engineering and construction arm of a global energy service giant.   The defendant built a chemical plant for our client, but sought to restrain the client’s collection on a letter of credit drawn on a London bank when the project was not completed on schedule. 
• We represented a major Chinese trading company in an international arbitration and subsequent litigation relating to the construction of a chemical plant in Pakistan.
• We pursued a forum non conveniens dismissal for a large international energy company in an international LPG construction case.   Our unusual strategy involved seeking dismissal in Texas for a trial in England, where the claims asserted by the opposing company would have little validity.
• We defended the owner of a Texas argon facility who refused to pay the remaining balance on a newly constructed processing tower that soon began to lean.   

Contract Disputes

Chemical industry pricing is affected by constantly fluctuating prices, and our lawyers defended a leading chemical producer in a pricing dispute involving a long-term supply contract.  Our client entered a 1996 agreement to supply 150 million pounds of commercial grade styrene to a customer over a seven-year period.  The agreement was extended for an additional seven years but the parties, rather than agreeing to a firm price, settled on pricing tied to two market price indices.  In 2003, claiming that the indices were in its favor, our client’s customer unilaterally withheld payments due, imposed a discount on all purchases for the remainder of the contract and sued in Texas court seeking a declaratory judgment in its favor.  We filed a counterclaim and worked to secure damages, attorneys fees and costs, and the court’s agreement that our client was properly applying the contract terms.

Environmental Controversies

Chemical production and disposal is often at the center of environmental claims, and our firm has defended chemical companies in a wide range of litigation.  Our lawyers have represented chemical industry clients in such matters as a Clean Water Act citizen’s suit alleging environmentally related water permit violations, an environmental negligence/trespass suit, and a disposal site controversy before a state regulatory agency.  We also represented a New Jersey based chemical company in a wrongful termination lawsuit in which a former employee alleged that he was dismissed for refusing to dump contaminated water into Galveston Bay.  We based our defense on the Sabine Pilot principle that allows employers to terminate employees for any reason unless the employee is terminated because he refused to perform an illegal act. 

Toxic Torts and Product Liability

As national litigation counsel for a major chemical producer on product liability matters, and defense counsel to a number of other chemical companies, we have defended toxic tort litigation involving substantial damage claims.  Among other matters, our firm’s attorneys have:

• Handled cases involving the epidemiology, toxicology, and industrial hygiene aspects of benzene, 1,3-butadiene, ethylene, ethylene oxide, dense non-aqueous phase liquids (DNAPLs), carbon monoxide, vinyl acetate monomers, lead, butane, ethylene glycol, gasoline, hexane, nitrobenzene, NORM, radiation, and toluene.
• Represented a major consumer products manufacturer in toxic chemical exposure wrongful death and survival cases.
• Defended a contractor against chemical exposure claims of more than 100 workers arising from chemical release at a chemical plant.
• Defended a boiler manufacturer against a class action alleging chemical exposure allegedly resulting from the combustion of a chemical plant waste stream in the boilers.