Reynolds Frizzell attorneys Jean Frizzell and Zach Burford prevailed on summary judgment for Kinder Morgan Texas Pipeline LLC and Kinder Morgan Tejas Pipeline LLC.
Kinder Morgan retained Reynolds Frizzell to defend against a $100 million breach of contract claim brought by Freeport LNG, asserting that Freeport had the right to “sell back” volumes of natural gas to Kinder Morgan during Winter Storm Uri.
Early in the lawsuit, Kinder Morgan filed a motion for summary judgment based on its declaration of Force Majeure during the storm. Kinder Morgan argued that the circumstances surrounding the Winter Storm—including the freezing weather, loss of upstream gas supply, and governmental orders prioritizing delivery of gas to human-needs customers—constituted Force Majeure and excused any obligations to deliver or buyback gas under the parties’ contract.
After a hearing on Kinder Morgan’s motion, the Court granted summary judgment in favor of Kinder Morgan and dismissed Freeport’s case on October 24, 2022.