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Michael W. Mengis

Michael Mengis has experience trying cases in both federal and state courts and in arbitration proceedings both domestic and international. His practice includes commercial disputes with a focus on oil and gas-related matters, False Claims Act cases (including claims brought by qui tam relators or “whistleblowers”), healthcare cases, professional malpractice claims, products liability cases and insurance coverage matters. Mr. Mengis has handled matters in both Texas and Louisiana and his practice includes trials and appeals. Mr. Mengis has been selected as a “Super Lawyer” in Business Litigation by Texas Lawyer every year since 2008.

The following is a list of Mr. Mengis’ representative matters:

Energy

• Defended a Houston-based operator of oil and gas wells in Louisiana in a $12.5 million litigation matter brought in Lafourche Parish, Louisiana, by certain working-interest owners in the wells; the case was tried to a successful conclusion and settled on terms favorable to the client during plaintiff’s appeal.
• Represented a Houston-based company in a multimillion-dollar action against a major energy company arising out of its operation of a gas processing plant in West Texas; the case was pending in Texas state court and settled prior to trial on terms favorable to the client.
• Handled the defense of two private equity firms and related entities in a lender liability action related to the purchase of oil and gas properties brought in Texas state court, which included obtaining an emergency stay of a temporary injunction and the further appeal of that injunction. The case settled on terms favorable to the client after the injunction was stayed by the court of appeals.
• Represented a Houston-based pipeline company in a dispute regarding the over delivery of gas due to a meter error. The case settled on favorable terms to the client after a preemptive action was filed in federal court in Louisiana because Louisiana law was more favorable to client’s position.
• Acted as counsel for a Houston-based oil and gas company as it ceased operations and sold its assets. This representation included handling asbestos claims brought against the company, as well as environmental claims brought by the government and private individuals.
• Represented a Houston energy company in two matters brought by former officers in the company relating to their termination from the company. These matters were pending in Texas state court and were settled before trial on terms favorable to the client.
• Represented a Houston-based energy company in an arbitration matter arising out of the purchase of certain assets from another company. This case settled before hearing for a mere fraction of what had been claimed. In fact, the settlement was even less than previous offers to settle made by the client before Mr. Mengis’ involvement.

   

Healthcare and False Claims Act

• Represented several hospitals (both in Texas and elsewhere in the U.S.) in False Claims Act matters and related government investigations, including U.S. ex rel Riley v. St. Luke’s Episcopal Hospital, 196 F.3d 514 (5th Cir 1999).
• Represented a Houston-based hospital in a wrongful death claim brought by a Louisiana resident in Louisiana federal court; the case was dismissed by the trial court and the dismissal was affirmed by the court of appeals.
• Represented a Louisiana hospital in an action brought by a hospital in another state alleging that the Louisiana hospital did not disclose its suspicion that a physician on its staff was misusing prescription drugs. That doctor allegedly committed malpractice while on the staff of the plaintiff hospital. The Louisiana hospital was dismissed from the case by the court of appeals.
• Represented a rehabilitation hospital in a False Claims Act matter brought by an alleged whistleblower. When this case began, the government believed the alleged violations to be very serious and even advised that there were potential criminal violations. In the end, this case was settled for a relatively minor amount and no criminal charges were ever brought.
• Represented a California-based company in a False Claims Act case brought by an alleged whistleblower involving the remediation of a closed military base. This case also involved allegations involving the Truth in Negotiation Act. This case was settled on favorable terms.

   

Commercial Litigation

• Handled an international arbitration matter for a Houston company involving a contract to market excess waste water capacity at its plant on the Houston Ship Channel. This case was settled at the conclusion of the arbitration proceeding on terms very favorable to the client.
• Represented the manufacturer of certain construction powders in toxic exposure litigation in Texas state court. This case involved over 250 plaintiffs and almost 200 defendants. Mr. Mengis was successful in obtaining a transfer of the claims against the client to another county where the cases were later dismissed.
• Acted as counsel to a Houston-based paper mill as it ceased operation after being shut down as a result of Hurricane Rita. This included handling lawsuits and claims brought against the company by creditors, as well as dealing with labor issues and other matters relating to the sale of the assets.
• Represented a Houston-based insurance company in a $16 million coverage claim; the case was settled on terms favorable to the client.
• Represented a Beaumont-based manufacturer in a products liability case brought in Texas state court; plaintiff was a paraplegic after his accident; Mr. Mengis obtained a voluntary dismissal for the client with no payment to plaintiff.
• Represented a prior owner of an office building in a construction litigation matter brought by the current owner of the building when problems developed with a simulated brick façade which was installed while the client owned the building. The case was settled with no payment by the client. In fact, a portion of the client’s attorney’s fees and expenses were recovered from plaintiff.
• Represented a property owner who was accused of causing a nearby property to flood because he improperly blocked a drainage easement. Mr. Mengis successfully obtained a summary judgment dismissing all claims.
• Has represented several landlords in various types of disputes with tenants in state court and in arbitration proceedings.

Mr. Mengis obtained his law degree from Louisiana State University, graduating first in his class. He is a member of the American and Houston Bar Associations and formerly served as chair of the District 4-E Grievance Committee of the State Bar of Texas. He also served as law clerk to United States District Judge Frank J. Polozola of the Middle District of Louisiana, 1986-87.