Arbitration
Mediation

Pipeline Explosion/Business Interruption   

  • Pipeline explosion impeded refinery’s ability to deliver products to market
  • $500 million alleged damages
  • 2-day mediation in Seattle preceded by several advance meetings with counsel

High-Dollar Employment Dispute

  • $35 million contract claim pending in London’s Commercial Court
  • mediated in London

Semisubmersible Drilling Rig Dispute

  • London arbitration involving lease of rig between two drilling contractors; over $100 million in dispute
  • 2-day mediation

Frequent Flyer Class Action

  • consumer class action vs. airline regarding changes in frequent flyer program
  • 5 days of mediation in Chicago; three sessions

Contract dispute between Port of Houston, landowners, and chemical companies

  • complex renegotiation of 30 year-old contract governing terminal fees, responsibility for terminal development and maintenance, and land ownership rights
  • 3 days of mediation

Travel Rebates

  • class action against several major accounting firms regarding travel rebate programs
  • multiple mediation sessions in Houston and Washington, D.C.

Computer Chips

  • 3-day mediation involving two leading manufacturers of computer chips
  • breach of contract/patent infringement
  • required renegotiation of license agreement

Director and Officer Liability

  • fiduciary claims brought by trustee of bankrupt corporation against former directors and officers
  • seven layers of insurance
  • 3 days in Dallas

Computer Software Design/Implementation Contract

  • two-day mediation between large hospital and software supplier regarding database system for patient records

Turbine Generator Failure

  • 5-party, 3-day mediation involving Mexican refinery, French turbine generator manufacturer, Texas distributor, and others
  • three engineering consultants participated throughout the mediation

Pension Fund Investment Fraud

  • 4-day mediation in Phoenix, Arizona; 14 parties

Gas Turbine Failure

  • Contaminants in gas supply damaged turbine at cogen plant
  • 4-party mediation over 3 days

Aircraft Parts Dispute

  • contract dispute between aircraft manufacturer and a supplier of critical parts
  • settlement of past damages claim and renegotiation of long-term prices and terms

Asbestos Litigation

  • 5-day mediation
  • 4,000 plaintiffs vs. 50 defendants
  • McGowan led two-person mediation team

Telephone Antitrust Case

  • monopolization claim vs. foreign telephone company
  • alleged monopolization of long distance service between foreign country and U.S.

Law Firm Split

  • departure of entire section of large law firm
  • dispute regarding severance rights of departing attorneys and damages to law firm

Royalty Dispute

  • owners of significant royalty interest vs. major oil company regarding royalty calculations—price on which royalties measured and deductions for expenses; over $30 million in dispute
  • settlement of past royalties and future relationship

Price-Fixing Case

  • purchaser of chemicals vs. defendant who allegedly engaged in conspiracy to fix price of chemicals; mediated in Washington, D.C.

Securities Fraud/ERISA/Derivative Plaintiffs Litigation

  • officers and directors of large Midwest utility allegedly engaged in fraud and self-dealing
  • mediated shareholder class action, pension plan beneficiaries’ ERISA class action, and shareholder derivative case
  • three mediation sessions in New York; five days of mediation

Construction Dispute:  City Building

  • bad foundation in 10-story building
  • co-mediated with non-lawyer, construction expert
  • City vs. contractor, architect, and several subcontractors
Liability Insurance Dispute
  • 12 parties--insured and 11 insurers
  • $90 million dispute
  • defense and indemnity coverage for asbestos personal injury claims spanning thirty years
  • pro rata allocation vs "all sums"
  • past and future coverage
  • three mediation sessions; four days of mediation
Chip Price-Fixing
  • 8 parties
  • alleged international cartel 
  • two sessions in San Francisco
  • several opt-out plaintiffs

Arbitration Profiles >>

McGowan Dispute Resolution
5009 Caroline, Suite 100
Houston, TX 77004-5750
713-552-1855 T
713-552-1859 F
gary@mcgowan-adr.com

 

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