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Recognized by Chambers USA for 2025, we don’t just litigate—we control the risk, shift leverage, and position our clients for the win.
Table Turning Defense Win in Construction Materials Product Defect Dispute
Mitby Pacholder Johnson trial lawyers earned a significant defense win in a construction materials product defect dispute on behalf of client Huntsman International. At issue was an 8-figure damages claim filed in Massachusetts federal court over structural failures of a state-funded viaduct project.
The Mitby Pacholder Johnson Litigation Approach
When expansion joints on the Interstate 95 project near Springfield, Massachusetts, failed and had to be replaced, the subcontractor sought to divert blame by claiming that the structural problems were caused by defective products, rather than improper storage and use of the materials.
Whether representing plaintiffs or defendants in complex commercial litigation, the trial lawyers at Mitby Pacholder Johnson have developed a reputation for sophisticated and creative trial strategies. Rather than sitting back and waiting for the next move, firm co-founder Steve Mitby says he’s learned from experience that a good defense often requires an aggressive response. In this case, the trial team quickly got to work by taking a deep dive and executing a comprehensive defense strategy. They identified errors in the federal lawsuit filed by D.S. Brown and moved to transfer the litigation to a more favorable venue.
Hitting back with a strong defense
The tables began to turn when MPJ lawyers filed a counterclaim in state district court in Montgomery County, Texas, seeking a declaration of non-liability under the Texas Uniform Declaratory Judgment Act and attorney fees.
Using Texas expansive and fast discovery process, the MPJ team assembled evidence that Huntsman’s products performed as designed and other factors were responsible for the expansion joint failures. Deposition of D.S. Brown’s witnesses generated key admissions regarding the cause of the failures.
The case settled on the eve of trial on extremely favorable terms to Huntsman. The defense victory that resulted is an example of how Mitby Pacholder Johnson lawyers combine creativity with an aggressive approach to litigation to find business solutions to high-stakes commercial litigation.
“This extremely favorable settlement occurred because of the early and aggressive work we performed that placed Huntsman in a very favorable position leading to the trial date,” Mitby said.
The case is Huntsman International LLC v. D.S. Brown Company, Cause No. 19-11-14861, in the County Court at Law Number 2, Montgomery County, Texas
Like many Mitby Pachoder Johnson clients, Huntsman International has developed a close relationship with the firm and has tapped the trial team for a range of representation, including intellectual property and patent disputes and commercial disputes.
About Mitby Pacholder Johnson
Founded by Steven J. Mitby, Debbie Pacholder, and Timothy Johnson, Mitby Pacholder Johnson combines the depth of seasoned commercial trial lawyers, licensed patent attorneys and an award-winning general counsel to attack complicated legal issues and business disputes head-on. With a record of significant jury verdicts and settlements, the team has developed a reputation for aggressive and sophisticated strategies to maximize business, intellectual property, commercial arbitration, regulatory, and employment disputes. The firm’s expertise spans industries, including energy, oil and gas, healthcare and construction. More information is available at mitbylaw.com.
Aggressive Defense Leads to Favorable Settlement for Well Services Contactor
When a natural gas storage well suffered a catastrophic mechanical failure, the utility company operator sought to divert blame and minimize responsibility. Vectren Energy filed a lawsuit against Core Laboratories subsidiary, Owen Tools, claiming that a defective concrete patch product manufactured by Owen Tools was responsible for the damages.
Owen Tools turned to Mitby Pacholder Johnson to defend the Texas-based company against breach of contract and product-defect claims. At issue were allegations by Vectren Energy that a well casing patch used to repair a corroded section of pipe casing was defective and led to the 2019 failure of an injection/withdrawal well in Monroe County, Indiana.
High stakes product defect claim
Down-hole technology at the center of energy sector disputes can be deeply complex, and litigation related to these products and services requires a thorough investigation and understanding of the chemistry, engineering and other technical concepts at the heart of the technology. It’s an area of the law that Mitby Pacholder Johnson attorneys have significant experience representing both plaintiffs and defendants.
“Energy litigation demands courtroom experience and a fundamental understanding of the law — but that’s just a start,” said firm cofounder Steve Mitby. “Lawyers handling these matters must have a thorough understanding of science and technology in order to develop legal strategies and communicate effectively with judges and juries.”
Secrets Revealed as MPJ Team Uncovers Key Evidence
The defense team got started and successfully mounted a case to remove the lawsuit from Marion Superior Court to a more favorable federal venue in the U.S. District Court for the Southern District of Indiana.
As the Mitby Pacholder Johnson trial lawyers got to work, their investigation uncovered fundamental questions about the events leading up to the well casing failure. Among other things, their probe revealed that other parties at the well site could have prevented the alleged damage, as well as questions about the well’s history of disrepair and whether the damages claims had been inflated.
With a Mitby Pacholder Johnson team positioned for the approaching trial date, Vectren (which was subsequently acquired by Houston-based CenterPoint Energy) came to the table with a favorable settlement offer. The case is one of several handled by Mitby Pacholder Johnson on behalf of Core Laboratories and its subsidiaries.
The case is Indiana Gas Company, Inc. d/b/a Vectren v. Owen Oil Tools, L.P.; Cause No. 1:21-CV-02229, in the U.S. District Court for the Southern District of Indiana.
About Mitby Pacholder Johnson
Founded by veteran trial lawyers Steven J. Mitby, Debbie Pacholder and Timothy Johnson, Mitby Pacholder Johnson combines the depth of seasoned commercial trial lawyers, licensed patent attorneys and an award-winning general counsel to attack complicated legal issues and business disputes head-on. With a record of significant jury verdicts and settlements, the team has developed a reputation for aggressive and sophisticated strategies to maximize business, intellectual property, commercial arbitration, regulatory, and employment disputes. The firm’s expertise spans industries, including energy, oil and gas, healthcare and construction. More information is available at mitbylaw.com.
Ramcell, Inc. v. Alltel Corp., d/b/a Verizon Wireless
Represented a minority shareholder in the Jacksonville, MS, wireless market. First chaired a two-day appraisal bench trial in the Court of Chancery, after which the Court adjusted Jackson’s share price from $2,963 (the squeeze-out price) to $11,464.57 (the appraised price) per share (3.87 times more).
Disclaimer: Before joining MPJ, Ryan Van Steenis assisted in this case with his prior firm.