BRADLEY L. DELUCA
SHAREHOLDER
Johnson DeLuca Kurisky & Gould, PC
1221 Lamar, Suite 1000
Houston, Texas 77010
Phone: (713) 652-2525
Fax: (713) 652-5130
E-mail: bdeluca@jdkglaw.com
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Focus Areas
Oil & Gas/Energy/Pipelines
Contract Disputes
Business Disputes
Tort Claims
Mass Tort Actions
General/Complex Commercial Litigation
Appeals (state and federal)
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The Client Always Comes First!
“The strong relationships I build with clients enable me to better understand their needs and to provide them with a better level of service.”
– Brad DeLuca
Brad’s practice focuses on commercial litigation, with an emphasis on the Oil & Gas/Energy sector. He has successfully represented clients with business operations spanning from the well-head to the end user. He has the recognized expertise to protect the interests of his clients in all facets of their business. His practice covers locations across Texas, Louisiana, New Mexico, North Dakota and the Gulf of Mexico.
A broad range of clients have relied on Brad’s ability to keep them on course for the past 25+ years, in matters involving business disputes, real estate transactions, sale of companies, personal injury matters, mass tort actions, as well as appeals at the state and federal level. He has a solid reputation for resolving the most complex commercial issues more quickly and efficiently than attorneys working for other firms. His experience allows him to better prepare and plan cases, using only the resources necessary to get the job done.
The result – Brad brings credibility to the courtroom yielding favorable results, and maintains satisfied clients who keep coming back for all of their legal needs.
FEATURED CASES
Recent Trials
* Ankor E&P Holdings Corp. v. Yazoo Venture LLC, et al (2020) – 3-week jury trial in state court in Houston; claims brought by Ankor for breach of contract and failure to pay JIBs and defended counterclaims for breach of contract and fraud; obtained jury verdict for Ankor for over $4MM including attorney’s fees and all defense claims were dismissed
* Jarvis J. Grayson vs. Wood Group Production Service, Inc., et al (2019) – 1 week bench trial in federal court in Lafayette, LA; personal injury claims related to alleged offshore injury involving a basket transfer; client found to have no liability
* Milorad Raicevic v. Wood Group PSN, Inc., et al (2018) – 3 week jury trial in federal court in Galveston; alleged personal injuries against multiple defendants relating to work on a large compressor unit; client found to have no liability
* McGill Parfait vs. Apache Corporation, et al (2017) – approximate 2 week jury trial in federal court in Galveston; alleged injury to offshore worker who claimed large item struck him during maintenance work; client found to have only 18% liability
* David Swarthout vs. Wood Group USA, Inc. and Arena Energy, L.P. (2017) – 2 week jury trial in federal court in Houston; alleged slip and fall on grating on offshore platform; client found to have no liability
* Republic Petroleum LLC and Republic Petroleum Partners LP v. Dynamic Offshore Resources NS LLC, et al (2016) – approximate 2 week jury trial in state district court in Houston for claims of breach of contract and seeking $17MM; jury awarded $741,000 between defendants; trial court reduced judgment to proportionate amount of ownership of plaintiff
Other Recent Notable Results
* Jose Ibarra v. ONEOK, Inc. dba Texas Gas Services, et al; jury trial in state court in Brownsville, Texas; defended client in suit for personal injury claims, including claim of closed head injury; plaintiffs sought $8.0MM at trial and jury awarded plaintiffs amount requested by defense ($128,000)
* Texas Standard Oil Corp. v. Forest Oil Corp.; jury trial in federal court in Houston; obtained summary judgment on behalf of offshore operator of oil and gas property in GOM in suit brought by non-operator working interest owner claiming breach of contract and seeking declaratory relief and damages; following realignment of parties, obtained jury verdict for past due joint interest billings owed and non-operator working interest owner sought protection under Chapter 11 of the Bankruptcy Code; following favorable claims estimation hearing in Bankruptcy Court, debtor forced to convert case to Chapter 7 and was liquidated
* Mariner Energy, Inc., et al v. Devon Energy Production Co. – obtained summary judgment in favor of Mariner Energy/Apache regarding responsibility for over $220MM in decommissioning/plug and abandonment costs for an offshore platform destroyed during Hurricane Ike. The court also found that defendant was required to repay Mariner Energy/Apache approximately $5.0MM in payments
Appeals
* American Midstream Gas Solutions v. Thomas Eugene Hall, Jr and Heather Gale Hall (2019) – appeal of case brought by landowner claiming leak in pipelines caused death of cattle; jury found negligence and awarded damages; on appeal, court of appeals reversed and rendered that plaintiffs take nothing
* Republic Petroleum LLC and Republic Petroleum Partners LP v. Dynamic Offshore Resources NS LLC, et al – appeal of jury verdict following jury trial on the merits; court reinstated jury verdict of $741,000
* Dynegy Midstream Services, LP vs. Trammochem, AP Moller, Maersk Gas Carriers and Igloo Shipping, A/S – appeal of proceeding brought under Section 7 of the Federal Arbitration Act to compel compliance with a subpoena issued by an Arbitration Panel sitting in New York, the Second Circuit Court of Appeals in New York rejected the district court’s ruling, holding that the Federal Arbitration Act did not authorize nationwide service of process and also held that it did not have personal jurisdiction over a Texas resident with no contacts in New York
* Forest Oil Corp., et al v. Texas Standard Oil Company – appeal of jury verdict and entry of summary judgment
* General Insulation v. Daniel King – state appellate court affirmed summary judgment in favor of former employee on finding of no breach of confidentiality agreement
* Mariner Energy, Inc., et al v. Devon Energy Production Co. – Fifth Circuit Court of Appeals affirmed summary judgment in favor of Mariner Energy/Apache
BAR ADMISSIONS
State of Texas, 1989
United States Supreme Court
United States Court of Appeals for the 5th Circuit
United States Court of Appeals for the 2nd Circuit
United States District Court, Northern District of Texas
United States District Court, Southern District of Texas
United States District Court, Eastern District of Texas
United States District Court, Western District of Texas
EDUCATION
South Texas College of Law, Houston, Texas – J.D. 1989
Stephen F. Austin State University, Nacogdoches, Texas – BA 1985
PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS
State Bar of Texas – Member
Houston Bar Association – Member
Institute for Energy Law – Advisory Board Member
HBA ACTIVITIES
Constitutional Day Readings in Elementary Schools
Mentor-Protégé Program
Texas Teach Program in Elementary Schools
HONORS AND AWARDS
“AV” Preeminent rated by Martindale-Hubbell
SPEAKING
2010 Houston Bar Association’s Law Week Committee Law School Presentation – “Law Firm Economics in a Tightening Economy” (March 2010)
2017 Institute for Energy Law – 5th Midstream Oil & Gas Law Conference – “A Distorted Reality: The Disconnect Between the Midstream Industry and the Courtroom” (December 2017)
COMMUNITY INVOLVEMENT
Memorial Lutheran Church-Houston (35+ years) – Member: various committees, Board of Elders for 6 years
Houston Livestock Show and Rodeo – Lifetime Member (18+ years) – Horspitality and Paint Horse Committees
Spring Branch-Memorial Sports Association – Volunteer coach