Managing Director Bob Broxson provided expert reports, deposition, and trial testimony on behalf of Marathon Oil Co. in a high-stakes, precedent-setting contract dispute arising from a natural gas delivery impeded in 2021 by Winter Storm Uri.

A Texas federal jury rejected a $123.7 million breach-of-contract counterclaim filed by Koch Energy Services LLC, ruling in favor of Marathon’s force majeure defense related to natural gas deliveries during the historic storm. Marathon also prevailed on a partial summary judgment, with the jury requiring Koch to pay $9.8 million on Marathon’s breach of contract claim. 

Mr. Broxson was retained by Ahmad Zavitsanos & Mensing to provide expert testimony challenging the claims made by Koch. Mr. Broxson provided direct testimony and was cross-examined on issues related to the common practices within the natural gas industry related to claims of force majeure in a six-day trial in Houston’s U.S. District Court for the Southern District of Texas.

The Secretariat team supporting Mr. Broxson on this matter included Adam Housel, Kaarle Rautio, and Tyler Anderson.

Law360 coverage of the matter is available here (subscription may be required).