ADAM SCHIFFER'S CAREER WIN-LOSS RECORD

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Jury Trials:

25. Kiewit Offshore Inc. v. SBM Atlantia Offshore Inc.; Cause no.  2009-52283; in the District Court of Harris County, Texas, 234th Judicial District.
• Represented defendant in a breach of contract case, involving payment of a change order on a construction project.
• After a two and a half week trial in April-May 2012, the jury found for plaintiff and awarded $4.5 million, the cost of the change order. 


24. C.K. Lee v. I-10 Colony; Cause No. 1999-51016; in the 151st Judicial District Court for Harris County, Texas.
• Represented plaintiff as first chair in suit to recover 50% of the profits from the operation of a hotel by former partner.
• Presented a damage model of approximately $900,000 or alternatively $600,000. After a one week jury trial in July 2010, the jury returned a verdict for $600,000.


23. Scott Brown v. Allan Keel; Cause No. 2009-04679; in the 234th District Court of Harris County, Texas.
• Retained two weeks before trial to represent plaintiff in a breach of oral partnership case.
• Susman Godfrey, Westmoreland Hall Maines & Lugrin, and Beck Redden & Sechrest represented defendant.
• After a one-week trial in May 2010, the jury found that a partnership existed, defendant breached the partnership and awarded plaintiff $1,250,000.
• Trial court granted defendants' motion for judgment notwithstanding the verdict and ruled that there was no evidence of partnership, breach or damages of more than $110,000.


22. LDL Diamonds Associates, LLC, et al v. Galleria Diamonds, LLC, et al; Cause No. 2005-67667; In the 234th Judicial District Court of Harris County, Texas.
• Retained to serve as lead counsel for plaintiff in breach of contract and fraud claims.
• Following a two week jury trial in February-March 2009, obtained a verdict on all claims and damages findings, which will result in a final judgment between $1 million and $1.8 million.


21. Tellus Operating Group, LLC v. Texas Petroleum Investment Company; Cause No. 2004-307; In the Circuit Court of Lamar County, Mississippi.
• Retained four months before trial to serve as lead trial lawyer.
• Represented defendant in a conversion and negligence case in which plaintiff claimed defendant produced gas (through casing leaks) from zones owned by plaintiff.
• Plaintiff claimed $25 million in actual damages and unspecified punitive damages.
• After an 8 week jury trial in October-December 2008, the jury returned a verdict in favor of defendant on all counts.


20. Fluor Enterprises v. Solutia, Inc.; Cause No. G-01-74; in the U.S. district court for the Southern District of Texas, Houston Division.
• Co-lead counsel; represented plaintiff in a construction lawsuit.
• After a two week trial in October 2002, the jury returned a unanimous verdict in favor of plaintiff and awarded plaintiff $34.5 million in damages - all we asked for.
• Settled for $20 million. (Law firm was paid by the hour and was not paid a contingency fee)


19. Jack Cameron, et al v. Richard Pharr; Cause No. 98-62788; in Texas state court, Harris County, Texas.
• Co-lead counsel; represented two of the defendants in a breach of contract and fraud lawsuit arising out of a dispute between partners over proceeds from the sale of a business.
• Hired several months before trial to assist in the trial of the case.
• Favorable settlement of the case after one-week of trial in October 2000.
• Case reported on jurisdictional issues: 2000 Tex. App. 4870.


18. Waco Medical Group v. Hillcrest Baptist Medical Center; Cause No. 97-11086; in Texas state court, Travis County, Texas.
• Co-lead counsel; represented defendants in a breach of contract, breach of fiduciary duty and fraud lawsuit arising out of a joint venture between the parties to create a health care Preferred Provider Organization in Waco, Texas.
• Favorable settlement after one-week of jury trial in September 1999.


17. Chung's Gourmet Foods v. Delta Daily Foods; Cause No. 97-59532; in Texas state court, Harris County, Texas.
• Lead counsel; represented plaintiff in a tortious interference with a contract lawsuit arising out of a contract to manufacture and wholesale frozen oriental style dinners.
• After a six day jury trial in August 1999, the jury returned a verdict of $14.5 million for our client - all that we asked for.
• Settled for $4 million when defendant liquidated business following entry of judgment. Client paid a contingency fee of $1.6 million out of $4 million recovery.


16. Ronnie Cuenod v. Corestaff; Cause No. 95-55119; in Texas state court, Harris County, Texas.
• Co-lead counsel; represented defendant in a breach of contract and fraud lawsuit involving stock purchase rights under a severance agreement.
• After a seven day jury trial in September 1998, the judge declared a mistrial, as the jury was unable to reach a verdict. Case settled favorably thereafter.


15. ICO v. John Wood Group; Cause No. 94-49767; in Texas state court, Harris County, Texas.
• Lead counsel; represented plaintiff in a breach of contract and fraud lawsuit involving breach of a letter agreement to purchase a company.
• After a five week jury trial in October-November 1997, the jury returned a verdict in favor of our client for approximately $16 million.
• Appeals court reversed and rendered against plaintiff.
• Case reported: 26 S.W.3d 12 (Tex. App. - Houston [1st Dist.] 2000, writ denied).


14. Susan Lee v. Ronnie Lee; Cause No. 137,506-402; in Texas Probate Court, Harris County, Texas.
• Co-lead counsel; represented the defendant in a breach of fiduciary duty lawsuit involving the management of a family trust with assets worth $50 million.
• After a seven week jury trial in January-February 1996, the jury returned adverse findings against our client. However, the judge disregarded some of the findings and entered judgment against defendant for $2.8 million on plaintiff's claims of $200 million.
• The appeals court affirmed the trial court's judgment.
• Case reported: 47 S.W.3d 767 (Tex. App. - Houston [14th Dist.] 2001, pet. for writ of review pending).


13. Susan Lee v. Ronnie Lee; Cause No. 137,506-402; in Texas Probate Court, Harris County, Texas.
• Judge declared a mistrial after one week in November 1995, because of juror misconduct.


12. Neste Oy v. Sun Oil Refining Company; Cause No. 90-51438; in Texas state court, Harris County, Texas.
• Lead counsel; represented plaintiff in a breach of contract lawsuit involving defendant's failure to pay for cargo of crude oil, causing plaintiff to lose a $1 million profit.
• After a six day jury trial in September 1993, the jury returned a verdict in favor of our client for $1 million, plus attorneys' fees - all that we asked for.
• Defendant paid judgment. (Law firm was paid by the hour and was not paid a contingency fee)


11. Hancock v. Navistar; Cause No. 85CV0980; in Texas state court, Galveston County, Texas.
• Second-chair; represented defendant in a products liability lawsuit arising out of a serious automobile accident.
• After a four week jury trial in April 1992, the jury returned a verdict that defendant was not liable to plaintiff.


10. Harvill v. Whirlpool; Cause No. 29,884; in Texas state court, Hardin County, Texas.
• Lead Counsel; represented defendant in a products liability lawsuit arising from a fire that burned down plaintiffs' house.
• The court declared a mistrial after the third day of a jury trial in the spring of 1991, when one juror suffered a heart attack and another juror's husband suffered a heart attack on the same day of trial. Case settled thereafter.


9. Neomed v. Airshields Vickers; Cause No. 88-8148; in the U.S. district court for the Eastern District of Pennsylvania, Philadelphia Division.
• Lead counsel; represented plaintiff in a breach of contract lawsuit arising from defendant's cancellation of a long-term contract to supply infant ventilators.
• After a six day jury trial in September 1990, the jury returned a verdict for plaintiff for $150,000. We were asking for $250,000.
• Case reported on jurisdictional issues: 891 F.2d 63 (3d Cir. 1989).
• Case settled for $150,000. Client paid a contingency fee of $50,000 out of the settlement proceeds.


8. Gougler v. Wal-Mart; Cause No. H-86-543; in the U.S. district court for the Southern District of Texas, Houston Division.
• Lead counsel; represented defendant in a negligence lawsuit arising from a slip and fall.
• After a two day jury trial in the spring of 1990, the jury returned a verdict for the defendant.


7. Genesis v. DEI; Cause No. 85-66363; in the state court of Harris County, Texas.
• Second-chair; represented plaintiff in a breach of contract lawsuit arising from defendant's investment in an oil and gas exploration and development program.
• After a six day jury trial in September-October 1989, the jury returned a verdict in excess of $28 million for plaintiff.
• Case settled for $18 million. (Law firm was paid by the hour and was not paid a contingency fee)


6. Todd v. Carvel Ice Cream; Cause No. S-86-42-CA; in the U.S. district court for the Eastern District of Texas, Sherman Division.
• Second-chair; represented defendant in a breach of contract and deceptive trade practices act lawsuit arising out of a franchise agreement.
• After a five day jury trial in September 1989, the jury returned a verdict that plaintiff take nothing and that defendant recover on its counterclaim.
• Case reported: 915 F.2d 693 (5th Cir. 1990).


5. Ainslie v. Carvel; Cause No. 84-03265; in state court of Harris County, Texas.
• Second-chair; represented defendant in a breach of contract and deceptive trade practices act lawsuit arising out of a franchise agreement.
• After a seven day jury trial in May 1988, the jury returned a verdict for plaintiff for $400,000.
• Verdict reduced through post-trial motions to approximately $150,000.


4. Bass v. CRG; Cause No. 86-19788; in the state court of Harris County, Texas.
• Lead counsel; represented defendant in a negligence lawsuit involving property damage to an airplane that was in defendant's custody.
• After a three day jury trial in April 1988, the jury returned a verdict for defendant.


3. Biehle v. Curran; Cause No. 41,098; in the state court of Montgomery County, Texas.
• Lead counsel; represented defendant in a lawsuit for trespass arising out of the construction of a gas pipeline.
• After a three day jury trial in March 1988, in which liability was admitted, the jury returned a verdict for $3,000 against defendant.


2. Krim v. Carvel; Cause No. 85-38625; in the state court of Harris County, Texas.
• Second-chair; represented defendant in a breach of contract and deceptive trade practices act lawsuit arising from a franchise agreement.
• After a two week jury trial in November 1987, the jury returned a verdict in favor of plaintiff for approximately $1 million.


1. Tripoli v. Stroud; Cause No. 513352; in the county court of Harris County, Texas.
• Co-lead counsel; represented defendant in a landlord-tenant dispute.
• After a two day jury trial in April 1987, the case favorably settled while the jury was deliberating with our client paying nothing.  

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ArbitrationS:

20. John Doe Construction company v. Energy Company; ad hoc arbitration in Oslo, Norway
• Represented claimant who sought recovery of a $90 million bonus under an amendment to a construction contract.
• Amendment provided for payment of the bonus if claimant met a date certain deadline but also permitted payment in respondent's sole discretion if claimant missed the deadline.
• Claimant missed the deadline but argued that under Norwegian law respondent was required to exercise its sole discretion reasonably and that payment should have been made.
• Case tried for two weeks in January 2012; Tribunal ruled in favor of respondent.
  
  
19. John Doe Construction Company v. State Owned Oil Company; ICC Case No: 17210/VRO
• Represented claimant who sought recovery on various change orders and to invalidate $6 million in liquidated damages paid to respondent for late finish of the work.
• Case tried for two weeks in London in September-October 2011.  Tribunal ruled in favor of claimant on various change orders but did not invalidate the liquidated damages.


18. ConocoPhillips v. Rain CII; Case No. 50 198 T 00297 09; American Arbitration Association
• Represented claimant as co-counsel with my partner, Andy Hicks, in which claimant sought to re-determine a coke pricing mechanism under a long-term contract with respondent.
• Case tried for three days in New Orleans in September 2010.
• In a "baseball style arbitration," the sole arbitrator has ambiguously selected both parties' pricing formulas.


17. AMC v. SBM; Case No. 70 158 Y 165 09; American Arbitration Association
• Represented respondent in an arbitration in which claimant sought approximately $19 million in delay damages on an offshore construction project.
• Respondent admitted liability for delay and opposed claimant's damages. Respondent testified that it was willing to pay $6 million.
• Case tried for two weeks in July-August 2010.
• Three member tribunal awarded Claimant $6.2 million damages.


16. AD Trading v. FC; File No.: 15452/EC; ICC
• Represented one of the respondent's in a construction arbitration involving fabrication of barracks at two US army camps in Kuwait.
• Kuwaiti law applied; case tried for six days in Kuwait City in June 2010.
• Tribunal ruled that claimant take nothing against our client and awarded our client its expenses.


15. BHP Billiton Petroleum v. Atlantia Offshore Limited; private arbitration
• First chair; Represented Respondent in a construction arbitration; Claimant is owner of offshore production platform; Respondent is the engineering firm that designed the unit.
• Claimant claimed damages of $67 million for reimbursement of expenses associated with certain warranty repairs and for deferred production damages.
• Case tried in Houston, Texas for a week in December 2009.
• Arbitral tribunal awarded Claimant $6.5 million in warranty expenses (substantially less than one-half of Respondent's last offer of settlement to avoid the arbitration).


14. El Paso v. Argentina; ICSID Case No. ARB/03/15.
• Co-counsel; represented claimant in a $200 million dispute over the loss o fan investment in Argentina.
• International and Argentine law applied; case tried for two weeks in Washington, D.C. in June 2007.
• Award issued in 2012 in favor of El Paso for approximately $ 70 million.


13. Company John Doe v. Pemex; Case No. 13683/CC); ICC.
• First-chair; represented Claimant in a $215 million construction dispute with Pemex.
• Mexican law applied; case tried for one-week in Mexico City the week of November 27, 2006.
• Arbitral tribunal awarded $91 million to Claimant.


12. Coral Energy v. Western Farmers Cooperative; No. 71 198 Y 00153 05; American Arbitration Association.
• First-chair; represented Claimant Coral Energy in breach of contract dispute seeking contract construction and declaration.
• Oklahoma law applied; case tried for one week in Dallas in August 2005.
• Adverse ruling by sole arbitrator, but Respondent voluntarily complied with contract requests by Coral after hearing.


11. Korea National Oil Corporation, Peruvian Branch (Peru), 2. Daewoo International Corporation, Peruvian Branch (Peru), 3. SK Corporation, Peruvian Branch (Peru) vs. Pluspetrol Norte S.A. (Peru); No. 12934/KGA - 1; ICC.
• First-chair; represented respondent.
• Texas law applied; case tried for two days in Houston in August 2004.
• Legal Construction of a Joint Operating Agreement provision.
• Award in favor of Claimants on contract construction, but no damages.


10. Texaco Bohai China v. Apache Corporation; No. 50 T 198 00011 01; AAA-International Rules.
• Co-counsel; represented claimant.
• New York law applied; hearing for two weeks in Houston in January 2004.
• Breach of farm-in agreements.
• Award in favor of claimant for $71 million.
• Final judgment entered, and Fifth Circuit affirmed.
• Respondent paid judgment with interest of $81 million. (Law firm was paid by the hour and was not paid a contingency fee)


9. SBD Sakarya Bolu Elektrik Dagitim AS v. The Republic of Turkey, represented by the Ministry of Energy and Natural Resources; ICC Arbitration N° 12575/MS
• First-chair; represented claimant. Hired two weeks before the final hearing.
• Turkish law applied; hearing in Geneva in December 2003.
• Breach of contract involving distribution of electricity to a region of Turkey.
• Award in favor of claimant for $28 million.
• Government paid award. (Law firm was paid by the hour and was not paid a contingency fee)


8. Li Doyle v. Integrated Electrical Services, Inc.; No. 70 166 00665 02; American Arbitration Association.
• First chair; represented employer in a breach of employment agreement dispute.
• Texas law applied; case tried for three days in Houston in March 2003.
• Claimant recovered severance payment of approximately $400,000 but denied bonus and stock options claims asserted in the millions.


7. Mosbacher India LLC v. Energy Equity Corporation; LCIA arbitration
• First chair; represented claimant operator in JOA dispute.
• Indian law applied; case tried for two weeks in July 2003.
• Award in favor of claimant entitling claimant to sole possession of gas property worth $30 million for a payment to respondent of a discounted book value of less than $4 million. (Law firm was paid by the hour and was not paid a contingency fee)


6. Harrah's Operating Company v. "John Doe" (JAMS arbitration)
• First chair; represented the respondent who defaulted on a letter of credit, requiring him to pay approximately $5 million to Harrah's Operating Company.
• A retired Judge presided over the one-week hearing, which took place in Las Vegas, Nevada in December 2001. Nevada law applied.
• Case could not be won given the unconditional nature of the letter of credit, but the client could not afford to pay and went to hearing as a way to buy time.
• Award in favor of claimant.


5. Carl Rau, Ph.D. v. Rice University (AAA arbitration)
• First chair; represented Respondent Rice University against claims by Plaintiff, a professor at Rice, who sued over the re-establishment of his nano-physics laboratory. Rice claimed the cost to re-establish the laboratory was approximately $500,000. The Professor claimed the cost was approximately $6 million.
• Three former district and appellate court judges presided over the two-day hearing, which took place in Houston, Texas in May 2001.
• A final award was entered in favor of Rice, requiring Rice to spend only $500,000 to re-establish the laboratory.


4. Lummus Global Amazonas v. Aguaytia Energy Del Peru S.R. LTDA (ICC arbitration)
• Co-lead counsel; represented the defendant in an arbitration over the construction of a power plant in Peru.
• Three lawyers with expertise in construction law presided over a two week hearing in Houston, Texas in February 2000.
• Our client recovered an approximately $10 million judgment on its counterclaim; Claimant recovered nothing on its claims.
• Award appealed by respondent and affirmed by federal district court.
• Settled for $10 million. (Law firm was paid by the hour and was not paid a contingency fee)


3. Eastern Petroleum Corporation v. Enron Oil and Gas (ICC arbitration)
• First chair; represented the respondent in a breach of contract action involving the development of an oil and gas property in Trinidad.
• Three English arbitrators, including a retired Law Lord, presided over the three day arbitration in London, England under English law in June 1999.
• The arbitrators' final award found that Enron Oil and Gas was not liable to plaintiff for breach of contract and required plaintiff to pay Enron's costs of arbitration.


2. Tripetrol v. Khabarovsk Oil Refinery (ICC arbitration)
• Co-lead counsel; represented the claimant in a breach of contract involving the modernization of an oil refinery in Siberia, Former Soviet Union under Russian law.
• Three arbitrators, including a Queens Counsel and the then-presiding judge of the World Court, conducted a two week arbitration in London, England in January 1998.
• The final award was rendered in favor of plaintiff in an amount of approximately $14 million.
• Respondent paid full amount of award. (Law firm was paid by the hour and was not paid a contingency fee)


1. Kingwood Medical Center v. Gresham, Smith & Partners (AAA arbitration)
• Co-lead counsel; represented respondent in an architect and engineering malpractice case over the construction of a hospital. Claimant claimed deficiencies and lost profits from a delayed opening in the tens of millions of dollars.
• After a two week hearing in May 1993, the panel of three arbitrators awarded claimant total damages of $59,000.

   

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