ENERGY TRANSFER PARTNERS, L.P. AND ENERGY TRANSFER FUEL, L.P. v. ENTERPRISE PRODUCTS PARTNERS, L.P. AND ENTERPRISE PRODUCTS OPERATING LLC, Case No. 17-0862, The Supreme Court of Texas.
To see The Supreme Court of Texas briefing, follow this link. And to see (10/08/2019) Oral Argument, look here.
Energy Transfer Partners was awarded $500,000,000 against Enterprise Partner Products — the largest commercial liability judgment ever awarded by a Texas district court in Dallas County. The trial judge agreed with a jury verdict that, though the businesses did not have a written partnership agreement, the parties had, by their actions, created a partnership. And Enterprise breached that partnership with ETP by moving forward on the project with another partner. In a Dallas Morning News article describing the trial court’s judgment in favor of ETP and against Enterprise, ENOCH KEVER member Justice Craig Enoch made the point that “[this case] is basically the business version of a common-law marriage and divorce.” He opined that “the extremely large size of the judgment and the fascinating legal issue [surrounding partnership creation] for businesses will most certainly attract the eye of the [Texas] Supreme Court.”
The ENOCH KEVER team was engaged to help Energy Transfer Partners on appeal.
ENERGY TRANSFER PARTNERS, L.P. AND ENERGY TRANSFER FUEL, L.P. v. ENTERPRISE PRODUCTS PARTNERS, L.P. AND ENTERPRISE PRODUCTS OPERATING LLC, Case No. 17-0862, The Supreme Court of Texas.
To see The Supreme Court of Texas briefing, follow this link. And to see (10/08/2019) Oral Argument, look here.
Energy Transfer Partners was awarded $500,000,000 against Enterprise Partner Products — the largest commercial liability judgment ever awarded by a Texas district court in Dallas County. The trial judge agreed with a jury verdict that, though the businesses did not have a written partnership agreement, the parties had, by their actions, created a partnership. And Enterprise breached that partnership with ETP by moving forward on the project with another partner. In a Dallas Morning News article describing the trial court’s judgment in favor of ETP and against Enterprise, ENOCH KEVER member Justice Craig Enoch made the point that “[this case] is basically the business version of a common-law marriage and divorce.” He opined that “the extremely large size of the judgment and the fascinating legal issue [surrounding partnership creation] for businesses will most certainly attract the eye of the [Texas] Supreme Court.”
The ENOCH KEVER team was engaged to help Energy Transfer Partners on appeal.
At the Austin Texas Bar Association’s annual Gala, Enoch Kever General Counsel, Martha Smiley, received this year’s Distinguished Lawyer Award. Deservedly so. Click here to learn why. It was Enoch Kever’s honor to be a Foundation Sponsor for the Gala.
Enoch Kever congratulates Member Martha Smiley for being selected as the 2017 recipient of the Trailblazer Award from the Austin Anti-Defamation League (ADL).
The Trailblazer Award is presented to individuals or organizations whose pioneering contributions to the legal or civic activism arena have had an extraordinary and unique impact.
The ADL was founded in 1913 “to stop the defamation of the Jewish people and to secure justice and fair treatment for all.” In the 100 years since its inception, ADL has become one of the nation’s leading civil rights and human relations organizations.
Ms. Smiley was presented with her award at the ADL Austin’s 2017 Jurisprudence Luncheon on March 2, 2017. Enoch Kever was honored to be a “Guardian of Liberty” sponsor of this event. For more information about this event, please click here.
After meeting stringent standards,
Melissa Lorber and Shelby O’Brien
were inducted by the Texas Board of Legal Specialization as Board Certified in Civil Appellate Law on February 10, 2017.
There are over 100,000 attorneys licensed to practice in Texas, but only 7,400 have earned the right to be publicly recognized as Board Certified specialists in one of twenty-two select areas of law.
The Board Certification process is rigorous and thorough with ongoing requirements after initial certification. An applicant must, among other requirements, provide extensive, relevant experience documentation and pass a comprehensive, daylong, specialty area examination.
The Texas Board of Legal Specialization (TBLS) was established in 1974 by the State Bar of Texas to “promote the availability, accessibility and quality of the services of attorneys to the public in particular areas of the law… and advance the standards of the legal profession.”
Katherine K. Mudge represents telecommunication, broadband, cable, wireless, and electric utility clients. Katherine advises businesses in Texas and other states regarding government and administrative law and policy, competitive issues, right-of-way disputes and litigation at both state agency and trial court levels. She also works with clients on business risk management in regulated environments to enable clients to minimize potential risk exposure while continuing to provide effective, efficient, and economical services.
Marla D. Broaddus represents businesses at every stage of litigation, including pre-trial investigation and preparation, in trial, and on appeal in Texas state and federal courts. Marla specializes in written advocacy and has served as trial and appellate counsel in commercial disputes involving the energy, healthcare, insurance, and education sectors. In addition, she manages legal teams assembled to handle complex class action suits and disputes involving multiple parties and claims. Her experience includes organizing and managing large-scale document and electronic data discovery projects. (To see more about Marla, click here.)
Michael S. Truesdale focuses on error identification in the trial court in complex civil litigation and prosecuting and defending cases on appeal. Mike represents businesses and individuals in the appellate courts of Texas and throughout the United States. He has led appeals before the Texas Supreme Court, he has appeared in nearly all Texas intermediate appellate courts, he has led appeals in other states’ courts and in the federal Fifth and Seventh Circuit Courts of Appeals, and he has authored briefs before the United States Supreme Court. Mike is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization and is AV Preeminent Rated by Martindale Hubble. (To see more about Mike, click here.)
Enoch Kever member Amy Saberian has been selected as a Fellow of the Texas Bar Foundation. According to the Texas Bar Foundation, each year only the top 1/3 of 1% of Texas attorneys are invited to become Fellows of the Texas Bar Foundation. Election to the Fellows is one of the highest honors that can be bestowed on a member of the State Bar of Texas. Nomination is based on outstanding contributions to the legal profession as well as a commitment to the community.
For the third year in a row, Enoch Kever sponsored the Travis County Women Lawyers’ Association Judicial Reception, recently held February 17 at Mercury Hall. With over 200 attendees, including more than 30 current and former state and federal judges, the reception is a premier event for members of the bench and bar. More information about TCWLA and the event is available here.
Enoch Kever member Rod Johnson was elected Board President of Front Steps for 2016. Front Steps is a nonprofit that provides a pathway out of homelessness by providing emergency shelter, case management, and other programs to assist homeless persons on a daily basis and to transition to permanent supportive housing. For more information on Front Steps, please check out their website at www.FrontSteps.org.
Enoch Kever is pleased to announce that founding partner Andrew Kever has been named the 2016 Best Lawyers Lawyer of the Year for administrative law in the state of Texas. Each year, Best Lawyers conducts an exhaustive survey in which thousands of leading lawyers confidentially evaluate their professional peers. An Attorney honored as Lawyer of the Year received the highest ratings in the state survey, indicating the utmost respect among his peers.
Enoch Kever member Martha Smiley was recognized as the Mobility Advocate by the Austin Chamber of Commerce at the Fourth Annual State of Transportation Conference. The Chamber recognized Ms. Smiley for playing a critical role on transportation issues in the city, having volunteered remarkable amounts of her own time and becoming heavily involved in the changes necessary for the city. Martha was the inaugural recipient of this award.
Martha is also recognized as 2015 Volunteer of the Year for regional Mobility by the Greater Austin Chamber of Commerce.
