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REPRESENTATIVE EXPERIENCE

Wesley A. Prichard

SELECT RECENT TRIAL EXPERIENCE

Represent major dredging contractor at evidentiary hearing on motion for a preliminary injunction for breach of contract claims regarding construction schedule delays.
Represent major real estate developer in closely held business dispute, successfully defending claims for breach of contract and breach of fiduciary duty and successfully asserting claims for breach of fiduciary duty, relating to disputes over 10 limited-liability real-estate entities. Case resolved during trial following cross-examination of opposing party’s first witness.
Represent major aerospace materials supplier in international arbitration before the Arbitration Institute of the Stockholm (Sweden) Chamber of Commerce in defense of breach of contract claims regarding pricing.

SELECT CURRENT ENGAGEMENTS

Represent major chemical company in connection with the defense of civil liability and damage claims arising from a series of well-publicized chemical fires at a Texas facility in the wake of Hurricane Harvey in September 2017, including the defense in federal court of a class action involving upwards of 30,000 individuals who allege a variety of personal and property injuries, a Texas state-court MDL proceeding involving more than 750 plaintiffs, and a separate consolidated action in federal court involving more than 750 plaintiffs, who were allegedly injured and/or suffered property damage during the fires. Federal class action reached a class-wide settlement, federal individual actions on appeal after securing dismissal of claims for being time barred, and state-court MDL is pending.
Represent major chemical company in defense of putative class action regarding ethylene oxide emissions seeking medical monitoring for multiple census tracts pending in federal court and related individual actions involving tens of individual plaintiffs who allege that exposure to ethylene oxide caused them harm pending in state court.
Represent major expandable polystyrene manufacturer asserting claims for breaches of representations and warranties and tort-based claims pending in state court in connection with its purchase of the membership interests in a limited liability company.
Represent major manufacturing company in defense of mass action involving hundreds of individual plaintiffs pending in state court who allege that exposure to ethylene oxide emissions caused them harm.
Represent major chemical company in defense of claims arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) pending in federal court.
Represent major mining company in defense of multiple class actions alleging nuisance and diminution in property value following water event.
Counsel major steel manufacturer in defense of class action alleging nuisance following industrial incident.
Represent regional waste management and renewable energy company in prosecuting and defending claims regarding breach of fiduciary duty and in areas regarding the company’s internal affairs.

SELECT PRIOR ENGAGEMENTS

Represent major steel manufacturer in well-publicized litigation asserting claims against competitor and union president arising out of competitor’s illegal agreement with a union to pursue a “merge or murder” strategy.
Represent major investment management company in defense of nationwide class action regarding a vendor’s data-security incident pending in federal court. Reached class-wide settlement, pending Court approval, prior to filing dispositive motions.
Represent co-owner of multiple closely held businesses in defending claims for breach of contract and breach of fiduciary duty and asserting counterclaims for breach of fiduciary duty relating to disputes over income allocation. Case resolved shortly after winning motion for preliminary injunction following an evidentiary hearing.
Represent utility company in defense of breach of contract and declaratory judgment claims pending in state court in connection with the acquisition of a municipal authority. Case is on appeal after authoring and arguing successful motion to dismiss on preliminary objections.
Represent major energy company in defense of nationwide class action regarding data-security incident pending in federal court. Reached class-wide settlement, pending Court approval, shortly after filing dispositive motions.
Represent international engineering firm in international arbitration before the American Arbitration Association International Centre of Dispute Resolution in defense of defective design and delay claims. Case resolved shortly before trial.
Represent major medical equipment company in defense of putative class action regarding recalled devices pending in state court. Case resolved during discovery.
Represent manufacturer of tailor-engineered web converting equipment in defending breach of contract and trade secrets dispute with former sales representative. Case resolved following filing of motion to dismiss.
Counsel Fortune 500 company in defense of multiple nationwide class actions regarding retiree healthcare and life insurance benefits.
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