On April 24, 2025, the trial team of Jean Frizzell, Thallia Malespin, and senior paralegal Misty Davis recently won a complete defense victory on behalf of Symmetry Energy Solutions, LLC in an alleged breach of contract case arising from the infamous Winter Storm Uri in February 2021. The case stemmed from Plaintiff Freeport LNG Marketing’s claim that it was entitled to utilize a “sell back” provision in the parties’ contract to require Symmetry to “buy back” $45 million in natural gas from Freeport despite the fact that Symmetry was prohibited from first selling and delivering natural gas to Freeport during Winter Storm Uri by order of the Railroad Commission, the Governor, and mandates of the pipeline systems.
The successful defense included proving Symmetry’s claim of force majeure based on Winter Storm Uri, the Railroad Commission order that prevented sales and deliveries of natural gas to customers other than for prioritized categories including human needs customers, and curtailments issued by the pipeline systems. Additionally, Symmetry successfully proved that the parties’ contract was not intended to provide Freeport a windfall of $45 million for natural gas that it did not need or want during Winter Storm Uri.
The success comes after a five-day bench trial held in the 281st Judicial District of the Harris County District Court. The district court made several findings including that Symmetry properly invoked force majeure, Symmetry did not breach any terms of the contract, and Freeport was not harmed or damaged by any alleged breach. The district court accordingly found in Symmetry’s favor and entered a final judgment that Freeport take nothing by way of its claims.
Our former colleague Zach Burford was also an important member of the trial team in this case. He is currently practicing law in Salt Lake City, Utah.