Class Action Defense – Energy

Overview

Energy companies facing class action litigation need a defense team that can handle the complexities of large-scale litigation, as well as the unique business, regulatory and legal issues impacting the energy sector. The Energy Class Action Defense team at BakerHostetler combines a deep and broad class action practice with focused, energy-specific experience in order to provide top-notch class action defense representation to a wide range of energy clients, including:

Global oil and gas companies
Natural gas processors
Natural gas utility companies
Electric companies
Petrochemical plants
Pipeline companies
Oil field service companies
Mining and metals companies
Energy service providers

The BakerHostetler Advantage

Our seasoned class action defense lawyers represent public and private companies in every facet of class action proceedings – from removal under the Class Action Fairness Act to motions to dismiss, class certification proceedings, discovery, trial, settlement and appeal. At trial, our litigators are armed with solid defense strategies and in-depth knowledge of the issues at hand and we have an outstanding track record of success obtaining early victories, whether by defeating class certification, obtaining a dismissal of claims, or negotiating favorable settlement terms. As a result of our exceptional reputation and notable class action successes, our Class Action Defense team was named a Law360 “Practice Group of the Year” in 2014.

Additionally, by drawing on the knowledge of the members of our nationally recognized energy practice, we are able to address the unique energy issues involved in class action litigation. Since many of our energy lawyers have technical degrees or have worked in-house with major energy companies and have received recognition from such organizations as Chambers Global in the field of energy, we are able to leverage our hands-on experience with our litigation skill to defend energy clients in connection with complex energy-specific issues.

Emergency response/catastrophe assessment
State consumer fraud acts
Royalty disputes
Fair Labor Standards Act (FLSA)
Wage and hour
Privacy and data protection
Telephone Consumer Protection Act (TCPA)
Personal injury claims
Investigation, operational response and enforcement actions
Individual opt-out cases
Oil spills
Securities

Select Experience

Represented a natural gas utility in the investigation, operational response, enforcement actions, class actions and individual opt-out cases arising from spills of mercury from service pressure regulators in the homes of more than 1,000 customers.
Represented an energy company in a race discrimination action brought by five individual plaintiffs seeking class certification under Ohio law, alleging that they were denied employment opportunities, training, promotions and benefits based on race; were paid at a lower rate than white employees; and/or were subject to a hostile, offensive and/or discriminatory working environment.
Defended a Texas-based energy provider in a putative Telephone Consumer Protection Act (TCPA) class action alleging that the defendant sent unsolicited “robo-calls” to the plaintiff and other utility customers. After obtaining a dismissal with prejudice of the Texas action based on a novel mootness theory, the plaintiff refiled the lawsuit in New York and asserted a new claim under a New York statute.
Defeated class certification of mass tort claims arising from an explosion at a petrochemical plant, which was affirmed on appeal, and defended a class action claim, several wrongful death claims of employees, OSHA penalties, environmental contamination cleanup and related claims.

Name	Title	Office	Email
Martin T. Booher Cleveland +1.216.861.7141 Partner Martin T. Booher	Partner	Cleveland	mbooher@bakerlaw.com
Casie D. Collignon Denver +1.303.764.4037 Partner Casie D. Collignon	Partner	Denver	ccollignon@bakerlaw.com
Paul G. Karlsgodt Denver +1.303.764.4013 Partner Paul G. Karlsgodt	Partner	Denver	pkarlsgodt@bakerlaw.com
L. Poe Leggette Houston / Denver +1.713.276.1647 / +1.303.764.4020 Partner L. Poe Leggette	Partner	Houston	pleggette@bakerlaw.com

Experience

Represented a natural gas utility in the investigation, operational response, enforcement actions, class actions and individual opt-out cases arising from spills of mercury from service pressure regulators in the homes of more than 1,000 customers.
Represented an energy company in a race discrimination action brought by five individual plaintiffs seeking class certification under Ohio law, alleging that they were denied employment opportunities, training, promotions and benefits based on race; were paid at a lower rate than white employees; and/or were subject to a hostile, offensive and/or discriminatory working environment.
Defended a Texas-based energy provider in a putative Telephone Consumer Protection Act (TCPA) class action alleging that the defendant sent unsolicited “robo-calls” to the plaintiff and other utility customers. After obtaining a dismissal with prejudice of the Texas action based on a novel mootness theory, the plaintiff refiled the lawsuit in New York and asserted a new claim under a New York statute.
Defeated class certification of mass tort claims arising from an explosion at a petrochemical plant, which was affirmed on appeal and defended a class action claim, several wrongful death claims of employees, OSHA penalties, environmental contamination cleanup and related claims.
Defended a major pipeline company in a class action arising from an oil spill in Louisiana, including defeating class certification and obtaining a favorable settlement on remaining claims.
Defended a petroleum company in a case arising from the explosion of a chemical plant, with a certified class of over 10,000 neighboring residents alleging personal injury, property damage, real property diminution in value and evacuation claims. Our emergency response team assisted in dealing with OSHA, EPA (federal and state) and the local emergency response commission. We responded to multiple toxic tort class action suits filed after the incident.
Acted as lead counsel for a major energy company, handling thousands of claims and related litigation from an oil spill in Louisiana, including the successful defense of attempts to certify a class of plaintiffs in a Louisiana trial court to bring more than $10 million in damages.

Recognition

Chambers USA: Natural Resources & Energy – Colorado (2014 to 2020)
The Legal 500 United States
- Industry focus - Energy Litigation: Oil & Gas (2015 to 2020)
- Industry focus - Energy Transactions: Oil & Gas (2018 to 2019)
U.S. News – Best Lawyers “Best Law Firms”: Energy Law: National (2012 to 2020); Denver (2011 to 2020); Houston (2017 to 2020); Washington, D.C. (2019, 2020)
Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.