Pierce, Jesse R.

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Address: 4203 Montrose Boulevard, Houston, TX 77006
Lawyer Firm: Pierce & O’Neill, LLP
Phone: 800-747-4161
Fax: 713-634-3601
Website: http://www.pierceoneill.com

Areas of Practice Commercial Disputes Litigation, Energy Litigation, Toxic Tort Litigation, Environmental Litigation, Trade Secrets & Non- Compete Litigation, Appellate Litigation, Domestic Arbitration/ADR, Securities Litigation

Jesse Pierce has more than forty years of litigation experience and has tried many types of cases in state and federal courts of Texas and other states. He specializes in civil trials of cases dealing with complex energy and commercial issues. Mr. Pierce is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization and is a Commercial Arbitrator for the American Arbitration Association. He is licensed to practice in Texas, Oklahoma, Arkansas, Pennsylvania, and Ohio.

Mr. Pierce represents both plaintiffs and defendants, and has represented clients in many types of complex litigation, including oil and gas, environmental, product liability, interpretation and enforcement of contracts, temporary restraining orders, trade secrets, franchising, real estate, ERISA claims, securities and corporate matters, franchising disputes, copyright and entertainment matters, and a variety of fraud, usury, and Deceptive Trade Practices matters, and has extensive experience in class action litigation. Mr. Pierce frequently lectures at continuing legal education seminars and was a drafter of the Texas Pattern Jury Charges for Oil and Gas Cases.

Representative Experience

Mr. Pierce has handled a number of appeals to the Texas Supreme Court. During his first year of practice, he had a successful appeal of a contested probate matter in Hall v. White, 525 S.W.2d 860 (Tex. 1975). He also successfully argued a complex engineering malpractice case involving the design of electronic microprocessor devices in 1993, Texas Instruments, Inc. v. Teletron Energy Mgmt. Inc., 877 S.W.2d 276 (Tex. 1994). He successfully appealed a multi-party lease termination and adverse possession case, Natural Gas Pipeline Company of America, et al. v. Pool, 124 S.W.3d 188 (Tex. 2003).

Among the other appeals Mr. Pierce handled during the early years of his practice were:

■ City of Pasadena v. Richardson, 523S.W.2d 506 (Tex. Civ. App.-Houston [14thDist.] 1975) (civil rights);■ Gaal v. BASF Wyandotte Corp., 533S.W.2d 152 (Tex. Civ. App.-Houston [14thDist.] 1976) (trade secrets);■ Best Steel Buildings, Inc. v. Hardin, 553S.W.2d 951 (Tex. Civ. App.-Tyler 1978) (wrongful death);■ Pan American Life Insurance Co. v. Youngblood, 569S.W.2d 951 (Tex. Civ. App.-Tyler 1978) (insurance); ■ Claude Regis Vargo Ent., Inc. v. Bacarisse, 578S.W.2d 524 (Tex. Civ. App.-Houston [14th Dist.] 1979) (commercial); and ■ C&W Manhattan Associates v. Lively, 588S.W.2d 671 (Tex. Civ. App.-Beaumont 1979) (commercial).

In the late 1970s, Mr. Pierce began to handle complex oil and gas, land, and commercial cases. He handled a number of cases for major oil and gas companies involving disputes with royalty owners, disputes between operators and working interest owners, disputes relating to purchase and sale agreements, and disputes between gas producers and pipeline companies for clients such as The Superior Oil Company, Texaco, Shell Oil Company, Pennzoil-Quaker State, Mobil Oil Company, Chesapeake Energy Corporation, SM Energy Company, Cabot Oil & Gas Corporation, and CCI Gulf Coast Upstream LLC. Representative reported cases he has tried and appealed are:

■ Dunn v. Davis, 590S.W.2d 752 (Tex. Civ. App.-Houston [1st Dist.] 1979) (land title);■ First City Nat’l Bank v. Hardy, 620S.W.2d 732 (Tex. Civ. App.-Corpus Christi 1981) (oil and gas);■ Amoco Oil Co. v. Hardy, 628S.W.2d 813 (Tex. App.-Corpus Christi 1981) (class action);■ Superior Oil Co. v. City of Port Arthur, 628S.W.2d 94, (Tex. App.-Beaumont 1981) (constitutional challenge to annexation);■ Superior Oil Co. v. City of Port Arthur, 726F.2d 203 (5thCir. 1984) (constitutional challenge to annexation);■ Gulf Oil Corp. v. Fuller, 695S.W.2d 769 (Tex. App.-El Paso 1985) (discovery privilege issues);■ Enterprise Int’l, Inc. v. Corporacion Estatal Petrolera Ecuatoriana,762F.2d 464 (5thCir. 1985) (commercial, Foreign Sovereign Immunities Act);■ Wadsworth Bus. Ctr. v. Connell, 775S.W.2d 663 (Tex. App.-Dallas 1989) (real estate);■ Chevron U.S.A., Inc. v. Kennedy, (Tex. App.-ElPaso 1991) (class action);■ NL Inds., Inc. v. GHR Energy Corp., 940F.2d 957 (5thCir. 1991) (commercial);■ Lee v. WalMart Stores, Inc., 943F2d 554 (5thCir. 1991) (commercial);■ Parten v. Cannon, 829S.W.2d 327 (Tex. App.-Waco 1992) (oil and gas dispute); and■ Texas Instruments, Inc. v. Teletron Energy Mgmt. Inc., 877S.W.2d 276 (Tex. 1994).

During the 1980s, Mr. Pierce also represented a number of both debtors and lenders in corporate reorganization cases, In re Charter Oil Co., 63 B.R. 662 (Bankr. M.D. Fla. 1986).

Mr. Pierce has extensive experience in the trial of environmental cases. In 1991, he represented Monsanto Corporation in the trial and successful appeal of a Superfund case involving over two hundred homeowners, Barras v. Monsanto Co., 831 S.W.2d 859 (Tex. App.-Houston [14th Dist.] 1992).

In the late 1990s, Mr. Pierce represented Mitchell Energy Corporation in the trial and successful appeal of several water pollution cases involving hundreds of millions of dollars in claims, Mitchell Energy Corp. v. Bartlett, 958 S.W.2d 430 (Tex. App.- Fort Worth 1997).

Since 2000, Mr. Pierce’s practice has been focused primarily on complex energy and business litigation and appeals. Representative reported cases he has handled are:

■ GeoSouthern Energy Corp. v.Chesapeake Operating, Inc., 274F.3d 1017 (5thCir. 2001) (dispute among working interest owners); ■ GeoSouthern Energy Corp. v.Chesapeake Operating, Inc., 241F.3d 388 (5thCir. 2001) (dispute among working interest owners); ■ Law v. Natural Gas Pipeline Company of America, 65S.W.3d 121 (Tex. App.-Amarillo 2001, pet. denied) (lease termination);■ Natural Gas Pipeline Co. of America v. Pool, 124 S.W.3d 188 (Tex. 2003) (adverse possession);■ Cities of Friendswood, League City, and Dickinson, Texas v. Adair, 2003 WL 22457996 (Tex.App.-Houston [1st Dist.] 2003) (environmental); ■ Moore Landrey, LLP v. Hirsch & Westheimer, P.C., 126S.W.3d 536 (Tex. App.-Houston [1stDist.] 2003, no pet.) (contract dispute); ■ C.M. Asfahl Agency v. Tensor, Inc., 135S.W.3d 768 (Tex. App.-Houston [1stDist.] 2004, no pet.) (contract dispute); ■ DX Terminals, Ltd. v. Bayer Corporation, 214S.W.3d 586 (Tex. App.-Houston [14thDist.] 2006, pet. denied) (contract);■ Ingram v. Glast, Phillips & Murray, 196 Fed.Appx. 232 (5th Cir. 2006) (sanctions); ■ PYR Energy Corporation v. Samson Resources Company, 470 F.Supp.2d 709 (E.D. Tex. 2007) (oil and gas dispute);■ Union Carbide Corporation v. Loftin, 256 S.W.3d 869 (Tex. App.-Beaumont 2008, pet. dism’d) (toxic tort);■ Shell Oil Company v. Baran, 258 S.W.3d 719 (Tex. App.-Beaumont 2008, pet. dism’d) (toxic tort);■ Navasota Resources, L.P. v. First Source Texas, Inc., 249 S.W.3d 526 (Tex. App.-Waco 2008, pet. denied) (oil and gas contract dispute);■ Cheetah Gas Co., Ltd. v. Chesapeake Louisiana, L.P., 2009 WL 522736 (S.D. Tex. 2009) (oil and gas contract dispute; ■ Coll v. Abaco Operating LLC, 2010 WL 11470128 (E.D. Tex. 2010) (oil and gas contract dispute); ■ Witt v. Chesapeake Exploration, L.L.C., 276 F.R.D. 458 (E.D. Tex. 2011) (oil and gas contract dispute); ■ Highland Capital Management, L.P. v. Ryder Scott Co., 402 S.W.3d 719 (Tex. App.-Houston [1st Dist.] 2012, no pet.) (oil and gas contract dispute);■ SM Energy Co. v. Sutton, 376 S.W.3d 787 (Tex. App.-San Antonio 2012, pet. denied) (oil and gas contract dispute); ■ Coe v. Chesapeake Exploration, L.L.C., 695 F.3d 311 (5th Cir. 2012) (oil and gas contract dispute);■ Chesapeake Louisiana, L.P. v. Buffco Production, Inc., 2013 WL 12242054 (E.D. Tex. 2013) (oil and gas contract dispute); ■ McCall v. Chesapeake Energy Corporation, 509 Fed.Appx. 62 (2nd Cir. 2013) (oil and gas contract dispute); ■ Preston Exploration Co., L.P. v. G.S.F., LLC, 566 Fed.Appx. 318 (5th Cir. 2014) (oil and gas contract dispute); ■ Davey v. Margarett Jordan Royalties, Inc., 2014 WL 3939669 (Tex. App.-Tyler 2014, no pet.) (oil and gas contract dispute); ■ MDU Barnett Limited Partnership v. Chesapeake Exploration Limited Partnership, 2014 WL 585740 (S.D. Tex. 2014) (oil and gas contract dispute); ■ XH, LLC v. Cabot Oil & Gas Corporation, 2014 WL 2505541 (Tex. App.-Tyler 2014, no pet.) (oil and gas contract dispute); ■ Burlington Resources Oil & Gas Company, LP v. Petromax Operating Co., Inc., 486 S.W.3d 703 (Tex. App.-Texarkana 2016, no pet.) (oil and gas contract dispute); ■ In re CCI Gulf Coast Upstream, LLC, 2016 WL 6134466 (Tex. App.-Waco, 2016) (oil and gas contract dispute); ■ Cody Texas, L.P. v. BPL Exploration, Ltd., 513 S.W.3d 522 (Tex. App.-San Antonio 2016, pet. denied) (oil and gas contract dispute); ■ In re Cody Texas, L.P., 2017 WL 4942852 (Tex. App.-San Antonio 2017) (oil and gas contract dispute);■ Cabot Oil & Gas Corporation v. Samson Lone Star, LLC, 2017 WL 2791188 (Tex. App.-Amarillo 2017) (oil and gas contract dispute); ■ Cabot Oil & Gas Corporation v. Newfield Exploration Mid-Continent, Inc., 2017 WL 2791188 (Tex. App.-Amarillo 2017, no pet.) (oil and gas contract dispute); ■ Freeman v. Harleton Oil & Gas, Inc., 528 S.W.3d 708 (Tex. App.-Texarkana 2017, pet. filed) (oil and gas contract dispute); and■ Le Norman Operating LLC v. Chalker Energy Partners III, LLC, 2017 WL 91373 (Tex. App.-Houston [1st Dist.] 2017) (oil and gas contract dispute).

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