AREAS OF PRACTICE Energy Class Actions Litigation - General Litigation - Commercial In the complex world of business transactions, Jim has successfully represented the interests of clients in a wide variety of trial work, commercial disputes and other relationships requiring aggressive representation. Jim has represented both Plaintiffs and Defendants in state and federal courts, as well as in arbitration. Jim has been lead counsel in a wide variety of complex civil litigation, including cases involving breach of contract, fraud, breach of fiduciary duty, tortious interference, conspiracy, anti-trust, deceptive trade, insurance code violations, partnership disputes, corporate governance/ownership disputes, breach of express and implied warranty/covenants, RICO, sexual harassment, constitutional claims, assault, battery, libel, slander, trespass, nuisance, product defect and negligence. REPRESENTATIVE EXPERIENCE Successfully represented the working interest owners (plaintiffs) in a gas contract take-or-pay/manipulation of allowables case, obtaining a $31 million jury verdict for the plaintiffs, including $18.3 million in exemplary damages. Texas American Bank-Galleria N.A., as Trustee and Operator vs. Enserch Corporation, d/b/a Lone Star Gas Company, in the 12th Judicial District Court of Madison County, Texas. It was one of the largest verdicts ever awarded in Madison County. James L. Reed, Jr., "Big Guns and the Broken Promise" A Famous Texas Case as Told by James L. Reed, Jr. in TEXAS JUSTICE THE LEGACY OF HISTORICAL COURTHOUSES (Martana ed. 2004). Won a $30 million dollar settlement of a statewide royalty owner class action settled in 2004 after seven years of trial and appellate work. The allegations included breach of express and implied covenants as well as commercial torts. The settlement was on behalf of approximately 36,000 royalty owners. Russell Neinast, et al. v. Union Pacific Resources Group, Inc., et al., in the 21st Judicial District Court of Washington County, Texas; No. 97-12-06021-CV; Lowell F. Hankins, et al. v. Union Pacific Resources Group, Inc., in the 112th Judicial District Court of Crockett County, Texas. Union Pacific Resources Group, Inc. v. Hankins, 111 S.W.3d 69 (Tex. 2003). After a week of trial in federal court, won a $3 million settlement in a North Dakota pipeline explosion. As lead counsel, Jim represented a corporate Plaintiff suing a pipe manufacturer after a pipeline explosion in North Dakota, and obtained a $3 million settlement for the Plaintiff after a week of trial. Aminol v. Kaiser Steel, Federal District Court (Houston Division) (1984). Won a multi-county royalty owner class action settlement in 1997. Jim represented in excess of 11,400 oil and gas royalty owners in a royalty underpayment claim against Mitchell Energy Corporation and other Mitchell corporations. The lawsuit involved claims that Mitchell failed to reasonably market the gas and properly account for and pay royalty owners, as well as allegations of commercial torts. The lawsuit was settled in the fourth quarter of 1997 for cash and other consideration exceeding $26 million dollars. The Rowan Estate Trust, et al. vs. Mitchell Energy & Development Corp., et al., in the 43rd District Court of Parker County, Texas. Won a jury verdict in a fraud/deceptive trade case involving Mobil drilling rigs. As lead counsel, Jim recovered $1 million for an Austrian company and successfully defended against a $6 million DTPA, fraud counterclaim arising from the sale of three mobile drilling rigs. Voest-Alpine Trading USA Corporation vs. IDOC, in the 221st Judicial District Court of Montgomery County, Texas. Won a $20 million multi-county royalty owner class action against Exxon/Mobil on behalf of approximately 1,600 West Texas royalty owners after extensive trial and appellate work. The allegations included claims for breach of contract and commercial torts. Jack O. McCall Estate by and through Dolores L. McCall, Independent Executrix, et al. v. Exxon Company U.S.A. and Exxon Corporation, in the 109th District Court of Winkler County, Texas. Exxon Co., U.S.A. v. Jack O. McCall Estate, No. 00-0541 (Tex.App.-El Paso (2000)). Won $29.5 million in lawsuits on behalf of West Texas working interest owners. Represented more than 130 royalty owners in the prosecution of claims arising from underpayments by Texaco and several of its affiliates. The claims included breach of contract and commercial torts. George Gregory Griffin, et al. vs. Texaco, Inc., et al., in the 238th Judicial District Court of Midland County, Texas; Buford Thomas Self vs. Texaco, Inc., in the 334th Judicial District Court of Harris County, Texas. After a week of trial, won a $1.2 million settlement of a breach of fiduciary/joint venture dispute involving oil and gas properties in Oklahoma. The claims included breach of contract, fraud and breach of fiduciary duty. Lloyd C. Fons, et al. v. Kidder, Peabody, et al., in the 113th Judicial District Court of Harris County, Texas. Won a $1 million jury verdict involving lender liability/fraud claims. Moncrief Interests, Inc. and Lee P. Moncrief vs. BancTexas Houston, N.A., in the 55th Judicial District Court of Harris County, Texas. Won a $1 million jury trial as to insurance code violations, deceptive trade and breach of fiduciary duty claims. The case settled for a confidential amount. Jetero USA v. Hartford Casualty Insurance, Harris County, Texas. Represented 85 homeowners in a lawsuit against J.M. Huber Corporation and Engineered Carbons, Inc., among others, related to a carbon black plant that was emitting carbon black and other gases which fell on Plaintiffs' property. The lawsuit settled in 1998 for a confidential amount, and in addition to the settlement, the Defendants expended millions of dollars in plant improvements to decrease the plant emissions. Randall Bell, et al. vs. J.M. Huber Corporation, in the 152nd Judicial District Court of Harris County, Texas. As co-lead counsel in a lender liability/fraud jury trial, won a jury verdict for $1 million in damages which was then settled for a confidential amount. Lebco Constructors, Inc. v. Texas Commerce Bank-Reagan, in the 129th Judicial District Court of Harris County, Texas. As co-lead counsel, won a jury trial verdict finding fraud (actual and exemplary damages) in a stock option case of approximately $1.2 million. Stefan Michael Halaszyn v. Energy Service Company, Inc. f/k/a Blocker Energy Corporation, In the 11th Judicial District Court of Harris County, Texas. Lead counsel in numerous international trading disputes (lawsuits and arbitration) involving petro-chemicals. Represented several gas pipelines in take-or-pay and pricing disputes with producers. PROFESSIONAL ACTIVITIES / MEMBERSHIPS / AFFILIATIONS State Bar of Texas Houston and American Bar Associations U.S. District Court (Southern and Western Districts); U.S. Court of Appeals (5th Circuit). L.R. Article regarding class actions from Plaintiffs' viewpoint James L. Reed, Jr., Plaintiff's Perspective Class Actions in Royalty Cases, 20 PETROLEUM ACCT. & FIN. MGMT. J. 47 (2001). Texas Super Lawyer 2005 EDUCATIONAL BACKGROUND 1976 - B.A., Oklahoma State University 1978 - J.D., University of Houston, Cum Laude. |