Brett Kutnick

- Represented a jet manufacturer in obtaining the reversal of an award of over $5.38 million in punitive damages for alleged fraud in the sale of an aircraft. In a case of first impression, the Texas Supreme Court held that limitation-of-liability clauses in the parties’ agreements were enforceable and barred the award of punitive damages as a matter of law.

- Represented Anadarko against Lightning Oil’s claim for subsurface trespass in a precedent-setting case when the Texas Supreme Court concluded that Anadarko did not commit an actionable trespass by drilling, with the permission of the surface estate owner, through Lightning’s mineral estate.

- Represented Eagle Oil & Gas Company in obtaining the reversal of a jury award of over $8.2 million in damages and attorney’s fees and the rendition of a take-nothing judgment based on alleged breaches of a contract to acquire and dispose of oil and gas leases and interests.

- Represented Occidental Petroleum in affirming the trial court’s vacatur of an arbitration award for evident partiality by one of the neutral arbitrators.

- Represented the holder of a non-participating royalty interest in obtaining the reversal of a summary judgment on her claims against the executive rights holder for breach of fiduciary duty.

- Represented a natural gas company in the landmark Texas case on nuisance law and obtained a reversal of the trial court’s judgment against Crosstex for over $2 million in damages based on the jury’s finding that Crosstex negligently created a nuisance through the installation and operation of a compressor station.

- Obtained mandamus relief from the Texas Supreme Court directing the trial court to vacate its order granting the plaintiffs a new trial after a multi-week trial in a case concerning whether the plaintiffs were entitled to ownership interests in the client’s company under a contingency fee agreement.

- Obtained reversal of a declaratory judgment prohibiting the City of El Paso from using bond proceeds under a city ordinance to construct a “multipurpose performing arts and entertainment facility” that could accommodate sporting events.

- Represented client in obtaining the reversal of a jury verdict awarding his former attorneys $226,795.01 in breach-of-contract damages and over $1.3 million in attorney’s fees for the alleged breach of an attorney-client fee agreement.

- Represented lender in obtaining reversal of a take-nothing summary judgment granted to the guarantor on the statute of limitations and the rendition of judgment in the lender’s favor for over $3.9 million plus interest and attorney’s fees on its claims for breach of a guaranty.

- Successfully upheld the trial court’s take‑nothing judgment in Triad’s favor after a multi-week jury trial in which the plaintiff sought over $25 million in lost profits allegedly sustained by its polysilicon manufacturing facility from a power outage during the construction of an expansion project.

- Obtained reversal and rendition of a take-nothing judgment in favor of Jesse Marion from a judgment that pierced the corporate veil of Marion’s mail processing company and held him personally liable for over $578,000 in damages and attorney’s fees based on the alleged breach of a mail processing agreement.

- Represented Douglas Strebel in a complex partnership dispute, obtaining reversal of an award of $3.4 million based on the jury’s findings that Strebel had breached fiduciary duties owed to his former partner.

- Represented a national department store in an appeal challenging a judgment awarding Dillard’s over $76 million in actual damages and $150 million in punitive damages in a fraud action arising from the sale of computer software and related services. The case settled on appeal.

- Represented Ann Rupe in the Dallas Court of Appeals in upholding the jury’s finding of shareholder oppression and the trial court’s order requiring the defendants to buy back her stock as an equitable remedy for their misconduct.

- Obtained reversal of a temporary injunction that enjoined Alliance Royalties from terminating a management agreement that was terminable at will.

- Obtained vacatur of a judgment awarding the plaintiff over $750,000 in damages for the alleged breach of a commission agreement.

- Obtained reversal of a judgment awarding the plaintiff $233,00 in actual damages and $466,000 in punitive damages for fraud and rendition of a take-nothing judgment.

- Obtained reversal of a default judgment awarding the plaintiff over $300,000 in damages and attorney’s fees and the right to cancel Williams’s 10 million shares of stock in Nexplore valued at approximately $7 million.

- Represented Sears in obtaining the reversal of a $61 million judgment and the rendition of a take-nothing judgment after a jury found that Sears breached a bond indenture by prematurely redeeming corporate bonds held by a number of institutional investors.

- In a case involving competing motions for summary judgment over a failed real estate transaction, successfully affirmed the trial court’s judgment awarding the purchaser specific performance and reversed that portion of the judgment barring the purchaser from recovering damages attributable to the seller’s delay in performing the sales contract.

- Obtained reversal of a $9.6 million negligence judgment and rendition of a take-nothing judgment on behalf of the former owner of a chemical plant who was sued in negligence for personal injuries sustained by the plaintiff who was partially blinded while using an acid-addition system at the plant.

- Defended a take-nothing summary judgment rendered in Whirlpool’s favor in a products liability case alleging carbon monoxide exposure from a gas range.

- Obtained mandamus relief compelling the trial court to set aside a death penalty sanctions order for alleged improper contact with an expert witness in a wrongful death action against the manufacturer of a morphine pump.

- Represented the plaintiff in an appeal challenging a judgment awarding him over $17.3 million in damages for third-degree burns he sustained while taking a shower at the Freedom Compound campus in Iraq in a facility operated and maintained by Fluor. The case settled while on appeal.

- Secured the affirmance of a $5.3 million medical malpractice judgment against an infectious disease specialist after the plaintiff lost all four limbs following a hernia surgery.

-Represented utility company in challenging a summary judgment order construing a blanket pipeline easement in the landowner’s favor and prohibiting Atmos Energy from installing an additional pipeline across the property under an easement agreement.

- Represented Flint Hill in obtaining the reversal of a federal district court’s declaratory judgment allowing Travis County to build a railroad spur over Flint Hill’s pipeline easement.

- Represented lienholder in obtaining affirmance of a judgment, following a bench trial, ordering judicial foreclosure of its lien on real property.

- Represented partner in a major international law firm who was sanctioned by a trial court for allegedly accusing opposing counsel of suborning perjury and ordered to purchase a half-page apology in the Texas Lawyer.

- Successfully upheld a take-nothing judgment in favor of a law firm following a jury trial in a legal malpractice action complaining of mistakes made in handling consumer litigation against a car repair facility.

- Represented a law firm in an appeal from a summary judgment against the plaintiff’s legal malpractice and malicious prosecution claims.

- Represented defendant/counter-plaintiff Impact Equity and its two owners in their appeal of a judgment rendered in favor of the plaintiff for breach of a confidentiality agreement and misappropriation of trade secrets and in the plaintiff’s cross-appeal of a judgment rendered in Impact Equity’s favor on a claim for breach of a fee agreement.

- Obtained dismissal of claims against 20 defendants for lack of personal jurisdiction in lawsuit involving alleged trademark infringement.

- Represented a manufacturer of irrigation productions in the appeal of a $56 million judgment against it based on alleged trademark infringement. The case settled in mediation after oral argument.