Stephen M. Loftin
Partner, Hicks Thomas LLP
EducationUniversity of Texas (B.A., 1984); University of Houston Law Center (J.D., cum laude, 1990).
Practice EmphasisCommercial litigation, including extensive experience in energy, banking, insurance coverage, and products liability.
Representative Cases/ClientsTejas Oil & Gas v. Amerada Hess. Lead trial counsel for pipeline company in dispute over pipeline's alleged inability to provide sufficient natural gas to meet customer's needs due to force majeure. At trial, obtained finding that pipeline's allocation of limited supply was reasonable, despite plaintiff's firm commitment for gas. Case affirmed after a successful appeal.
Union Pacific Railroad. Represented railroad company in numerous service interruption lawsuits in state and federal court arising out of merger with Southern Pacific Railroad. Successfully resolved all claims satisfactory to client, including serving as lead trial counsel in state court case defending fraud and breach of contract claims. Successfully defeated fraud claim in ten-day trial. On subsequent appeal, obtained a take-nothing judgment on all claims. Also successfully obtained pretrial dismissal of separate federal court lawsuit alleging claims of negligent misrepresentation and breach of contract.
Enron Equipment Procurement Company v. Siemens Westinghouse Power Corp. Trial counsel for Siemens defending claims arising from damage to generator. Issues involved risk of loss terms, apportionment of insurance obligations, and force majeure provisions. Conducted favorable settlement.
Kaiser Aluminum Chemical Company. Represented asbestos product manufacturer and distributor in hundreds of cases pending in Texas. Tried two cases to verdict in East Texas and obtained no liability findings for client in both cases.
TH Agriculture & Nutrition. Represented asbestos distributor in hundreds of cases pending throughout Texas and in Texas MDL proceedings.R.R. Street & Co. Inc. Represent dry cleaning equipment and chemical manufacturer and distributor in following matters:
- Claims arising out of indemnity agreement with chemical manufacturer. Representation includes successful appeal of jurisdiction and venue issue to Eleventh Circuit Court of Appeals as well as prosecution of appeal in Ninth Circuit Court of Appeals.
- Environmental contamination case brought by California municipal water purveyor asserting claims related to alleged contamination of drinking water wells throughout the state of California.
- Personal injury case arising from Plaintiff's alleged exposure to dry cleaning chemicals.