Kenneth M. Klemm

Defended a major chemical company in Louisiana against a significant environmental enforcement action by the U.S. government and contamination claims by local residents. In the federal enforcement action, the government sought civil penalties for violations of the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act and the Clean Air Act. The surrounding residents sued for damages alleging trespass and other state law claims. After several days of trial in the enforcement action, the client concluded a favorable settlement with U.S. government.

Defended and obtained dismissal of client and its employee for personal injuries to subcontractor's employee resulting from unintended pressure release at chemical plant.

Obtained a favorable ruling on behalf of an energy corporation from the Louisiana Court of Appeal, Second Circuit, affirming the state court's holding after a trial that depth limitation language in a $260 million mineral purchase agreement was unambiguous and that the corporation was the rightful owner of the oil, gas and minerals at issue, with the case demanding a detailed analysis of contract law, as well as an understanding of the complexities of geologic formations and correlative oil and gas well markers.

Defended an energy corporation in a suit for the recovery of more than $15 million in damages and expenses resulting from a natural gas well blowout, involving claims for negligence, breach of warranty and products liability arising from a defective gate valve and casing.

Defended one of the largest natural gas producers in the United States in a blowout case against claims of gross negligence to preclude enforcement of limitation of liability, indemnity and allocation of risk provisions in a Master Service Agreement, with the court awarding nearly $10 million in damages, including prejudgment interest, to the client.

Obtained a $2 million judgment for a natural gas transportation company in a case involving an explosion at oil and gas terminal facilities during construction.

Represented clients in unitization proceedings before the Office of Conservation, Louisiana Department of Natural Resources.

Successfully defended a natural gas pipeline company in a legacy lawsuit alleging millions of dollars in contamination to property located in south Louisiana, with the defendant arguing that none of the constituents alleged to have contaminated the property could have originated from the defendant's operations. The court dismissed the company from the suit in one of the first instances after legislature enacted amendments to governing statute permitting dismissals after pretrial evidentiary hearing.

Defended an independent oil and natural gas producer in a well blowout case in a Natural Resources Damage Assessment (NRDA), and against claims under the Oil Pollution Act (OPA) and for gross negligence, ultimately resulting in favorable resolutions of the NRDA, a civil penalty claim by the U.S. Coast Guard under the OPA and claims against the producer's well contractors.

Defended international oilfield services provider in several suits involving significant numbers of plaintiffs for personal injury claims arising from Naturally Occurring Radioactive Material and Technologically Enhanced Naturally Occurring Radioactive Material.

Represented national insurer in suits in Florida and Louisiana by hotel operating companies for property damage and business interruption claims, allegedly caused by Hurricane Katrina to various properties. In Louisiana, the client obtained a favorable settlement after nearly a month of trial on liability and damages issues. Likewise, the Florida suits were settled on a favorable basis.

Obtained favorable settlements for London underwriters in various control of well (COW) and operators' extra expense (OEE) subrogation claims arising from well blowouts and other casualties.

Received a favorable settlement on behalf of an oil and gas producer in claims resulting from the capsizing of a lift boat, with the settlement including the payment of attorneys' fees and costs for defense and indemnity claims.

Represented an international metals trading firm in a maritime seizure action, obtaining an expeditious release of cargo and an award of attorneys' fees and costs against the party seizing the property.

Successfully defended client in obtaining order from federal court enforcing defense and indemnity obligations in marine personal injury suit.

Successfully defended against claims for brain-related and other personal injury damages arising from a motor carrier accident.

Defended and resolved numerous personal injury and property damage suits arising from motor carrier accidents.

Represented an energy corporation in a products liability and negligence suit for the recovery of more than $20 million in damages resulting from defective coiled tubing and check valves in equipment supplied and manufactured by other entities, after the client incurred significant expense in remedial operations and lost profits due to production delays arising from the equipment's malfunction.

Litigated and then negotiated a favorable settlement for an oilfield equipment manufacturer in a products liability and negligence suit alleging more than $30 million in damages to an offshore oil and gas well resulting from the premature activation of a piece of equipment. The settlement included a significantly discounted payment to resolve all claims.

Successfully defended a manufacturer at trial in a products liability suit arising from the malfunction of a vessel engine.