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Martin P. Averill

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Practice Areas:

  • Business and Commercial Law

Biography

Trial and transactional attorney specializing in oil and gas, real estate and complex commercial litigation.  Favorable results in many different cases involving oil and gas operatorship, real estate, pipeline disputes, condemnation issues, purchase and sale of assets, title disputes, regulatory matters, and various commercial and contractual issues.  Took several cases to jury verdict including a $2 billion pipeline cleaning dispute.

Education

  • University of North Carolina School of Law, Chapel Hill, North Carolina
    • J.D. – 1996
    • Honors: top 10%
    • Law Review: University of North Carolina , Articles Editor
  • Gannon University, Erie, PA
    • B.A. – 1993
    • Honors: summa cum laude
    • Honors: 3.94 GPA
    • Honors: scholarship baseball player

Past Positions

  • Shackleford, Melton & McKinley, Partner, 2011 to 2012
  • Quilling, Selander, Dallas, Texas, Shareholder, 2007 to 2010
  • Patton Boggs, Dallas, Texas, Partner, 2007 to 2008
  • Baker & McKenzie, Dallas, Texas, Associate then Partner, 2004 to 2006
  • Jenkens & Gilchrist, Dallas, Texas, Associate, 1999 to 2004
  • Honorable Pascal F. Calogero, Chief Justice Louisiana Supreme Court, Law Clerk, 1996 to 1997
  • Arata New Orleans, Louisiana, Associate Gordon, oil and gas litigation, 1997 to 1999
  • Gray, Reed & McGraw, Dallas, Texas, Member, 2012 to 2016

Representative Cases

  • Spiller v. White, 352 F.3d 235 (5th Cir. 2003), reh'g denied, 2004 U.S. App. LEXIS 648 (5th Cir. Tex., Jan. 12, 2004), cert. denied sub nom. 2004 U.S. LEXIS 5526 (U.S., October 4, 2004) [successful defense $1 billion pipeline project against challenge under National Environmental Policy Act, dozens of amici briefs, second chair and primary briefing attorney]
  • Longhorn Partners Pipeline, L.P. v. City of Austin, Texas (W.D. Tex. 2002) [successful preemption challenge to city's authority to regulate interstate pipeline project, later consolidated with Spiller v. White]
  • Longhorn Partners Pipeline, L.P. v. Holly Corporation et al. (EI Paso, Texas 2003) [antitrust lawsuit against competing refinery resulting in favorable settlement]
  • Levine et al. v. GW Petroleum, Inc. et al. (Madisonville, Texas 2006) [numerous pretrial victories limiting scope of $50 million suit; two-week jury trial October, 2006 ending in victory for client]
  • • BJ Process & Pipeline Services v. Longhorn Partners Pipeline, L.P. (Houston 295th JDC) [numerous successful pretrial motions; month-long $1 billion jury trial April 2007]
  • Short v. Short (74th JDC) [successful enforcement of oil and gas provisions of settlement agreement in contentious estate distribution]
  • Stewart Mineral Corp. et al. v. Saratoga Royalty Corp. et al., 202 S.W.3d 242 (Tex.App.—
  • McClymond, Ltd. v. Canterra Gas Gathering (90th JDC) [favorable settlement of gas gathering, drip condensate and refining margin dispute]
  • Energy Transfer Fuel v. Realty Capital Corporation (Tarrant County Court at Law 2009) [successful defense of condemnation by high pressure natural gas pipeline, after week long jury trial, multi-million dollar judgment more three times last settlement offer]
  • WTG Gas Processing v. King Operating Corporation (Scurry County, Texas (2015)) [successful settlement of gas gathering dispute between operator and gathering company]
  • Forest Oil Corporation v. Branta Petroleum (Houston, 2009)
  • Forest Oil Corporation v. Guggenheim Capital (Eastern District Texas 2009)
  • Forest Oil Corporation v. Crusader Petroleum (bankruptcy adversary N.D. Tex. 2010)