Complex Commercial Litigation
The firm’s lawyers have handled construction disputes and disputes over power purchase agreements and defended against consumer class actions. The firm’s commercial litigation practice is ranked among the best in the United States. We routinely handle commercial disputes worth billions of dollars.
Representative matters include:
- Defended a $1 billion dispute between owners and contractors involving the construction of power plants, resulting in a favorable settlement.
- Secured a litigation victory on behalf of our client to recover $40 million in overcharges involving the sale of electrical power.
- Defended a major international electricity producer in Hawaii state court in a $1 billion class action alleging overcharges for electricity provided to Oahu residents since the early 1990s. The case ended when the Hawaii Supreme Court affirmed the trial court’s dismissal of the case.
- Defended Commonwealth Edison against claims alleging duties by ComEd to assign priorities in restoring power during service interruptions.
- Brought a claim for antitrust violations, tortious interference and other claims on behalf of UP Resources, a natural gas producer, alleging that a western US pipeline company sought to monopolize the cost of transporting gas from fields.
- Successfully defended a lawsuit brought for alleged fraud, misrepresentation and breach of contract regarding the sale of a Charleston, SC facility for the manufacture of liquefied natural gas containment systems. The case was brought in Bankruptcy Court in South Carolina. We eventually were granted summary judgment shortly before trial was scheduled to commence. The result was affirmed by the district court in South Carolina and the Fourth Circuit.
- Successfully litigated in both federal and state court with a Wabash Valley Power Association member over its attempt to terminate a long-term wholesale power supply contract. The Seventh Circuit held that, although the power supply contract was within FERC’s exclusive jurisdiction, the contract issues should be decided in state court in the first instance. We ultimately won in state court based on the applicable statute of limitations.
- Represented GE Capital Energy Financial Services with regard to a general partner versus limited partner dispute concerning a large wind farm.