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Daryl Bristow  
2115B McDuffie St
Houston, TX 77019
(713) 223-1021 office
(713) 857-1021 cell
(713) 807-0771 fax
daryl@bristowlaw.com




  REPRESENTATIVE ENGAGEMENTS

Defended public utility company in litigation over claims arising out of natural gas purchase and sale pricing issues. Texas state court class action nonsuited just before class certification and subject matter jurisdiction hearings. Arkansas state court five-state class action dismissed after two appeals to and favorable decisions by Arkansas Supreme Court. Associated matters include declaratory judgment action in Texas state court on jurisdiction issues and regulatory proceeding before Arkansas Public Service Commission.

• Defended public metals mining, manufacturing, and fabrication company in hundreds of landowner and personal injury lawsuits arising out of groundwater contamination issues. Most cases settled just before jury selection for a trial of more than seventy representative cases. Many other cases dismissed on motions for summary judgment. In related federal case, represented the company to recover for environmental cleanup costs. Case settled in mediation and on the day trial was to begin with opposing company agreeing to pay 65% of cleanup liabilities and assuming site management responsibility.

• Represented public energy company in lawsuit to enforce exercise of option to obtain ownership of $1.4 billion natural gas pipeline. Case settled with delivery of ownership just before mandatory injunction hearing, after removal by opposing company to federal court over bankruptcy issues and remand to state court. Defended the same company in lawsuit in a bankruptcy where plaintiff company sued for $25 billion and in related shareholder actions, claiming wrongful termination of merger/acquisition agreement. Represented same company's board of directors regarding corporate governance and management change issues.

• Defended public wholesale grocery supply company in multiple federal lawsuits by retail grocers complaining about wholesale grocery pricing issues. All cases settled, the most significant just before jury selection. Defended the same company in class action securities fraud and shareholder derivative action lawsuits.

• Lead counsel for more than 5,000 individual investor plaintiffs against public securities investment firm and associated energy company over failed limited partnership investments. Favorable settlements exceeded $50 million.

• Represented individual plaintiff against neurosurgeon and hospital, complaining about surgical procedure that resulted in quadriplegia. Multi-million dollar structured settlement just before jury selection.

• Represented individual claimant to arbitrate dispute with yacht builder. Obtained arbitration award exceeding $6 million.

• Defended five national and state chartered banks against charges of unsafe concentrations of credit and lending limits violations. The controversies arose out of multi-million dollar shopping center loans and included state and federal administrative trials and appeals.

• Defended public utility company against class action breach of contract and fraud claims brought in behalf of municipalities and arising out of franchise ordinances for electric service. Claims exceeded $500 million. After jury trial ofrepresentative cases and appeals to Texas Supreme Court, take-nothing judgment for defendants.

• Represented municipal and public utility company owners ofnuclear power plant prosecuting fraud, breach of warranty and breach of contract claims exceeding $1 billion that arose over operational problems with nuclear steam supply systems. Case settled after five and one half months ofjury trial and just before jury deliberations.

• Represented municipality and electric cooperative prosecuting declaratory judgment action and fraud and breach of contract claims and defending against counter-breach of contract claims exceeding $1 billion. Controversy over power plant coal supply contract. Case settled one week into jury trial.

• Represented railroad company in dispute with metropolitan transit authority. Both parties sued over alleged breaches of $114 million rail corridor and right-of-way purchase and sale agreement. Case settled after one week ofjury trial.

• Represented metals mining, manufacturing, and fabrication company defending against breach of partnership agreement, violation of fiduciary duty, fraud and other tort claims totaling about $2 billion. Case settled at jury selection.

• Defended large Texas law firm against malicious prosecution and defamation claims exceeding $42 million. Law firm was nonsuited at jury selection.

• Defended public scientific research and development company against fraud, negligent misrepresentation and breach of contract claims exceeding $100 million. Controversy over contract involving DNA technology for animal pharmaceuticals. Case settled after favorable summary judgment rulings.

• Represented Texas regional health care system in dispute over nationwide ownership of and usage rights to medical services name. Successfully defended at preliminary injunction hearing,
and the case then settled favorably.

• Represented President George W. Bush and Vice President Richard Cheney in two Florida state court election contests regarding balloting for the 2000 presidential election. Prevailed in both cases in the trial court and Florida Supreme Court.

• Represented former Congressman Joe Kennedy to conduct an internal corporate investigation.

• Represented public food and entertainment services company in federal lawsuit and other disputes over construction, management, and operation of a municipal conference center. Case settled with company retaining construction and management rights. Represented the same company in nationwide federal labor standards act collective action over minimum wage issues. That case was resolved with favorable summary judgment.

• Defended public integrated oil and gas exploration, development, refining and sales company against three public utility electric power companies and tried to a no-liability conclusion in state court in New Orleans a fourteen-month non-jury, $600 million antitrust and tort trial over issues arising out ofthe energy shortages ofthe 1960's and 1970's.

• Tried to conclusion six-month, $600 million jury trial regarding natural gas "take-or-pay" contracts.

• Tried to conclusion six-month, $800 million securities fraud jury trial.

• Defended major integrated energy company in multi-million dollar breach of contract and fraud claims arising out of controversy over production platforms offshore California.

• Prosecuted bad faith insurance practices case that settled for $30 million.

• Before a federal three-judge panel, successfully defended against challenge to constitutionality of Uniform Commercial Code self-help remedy.

• Successfully tried to jury verdicts two (one $3 million and one $4 million) real estate loan commitment cases.

• Successfully tried to jury verdict a $10 million forcible entry and detainer case for major commercial real estate developer.

• Successfully tried to jury verdict law firm partner breakaway dispute.

• Successfully tried to jury verdict pro bono child custody case.

• Tried multi-million dollar professional malpractice case for large Texas law firm.

 

• Prosecuted to settlement a multi-million dollar breach of contract, tortious interference case with regard to sports telecast contract rights.

• Successfully defended two federal lawsuits challenging municipality's freeway towing control ordinances.

• Defended multi-million dollar lawsuit complaining about mortgage warehouse lending practices.

• Representations in three major will contests.

• Representations in significant contested matters before Texas Public Utilities Commission, Texas Commission on Environmental Quality, Texas Aeronautics Commission, Texas Motor Vehicle Commission and Federal Energy Regulatory Commission.

 

 

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