Wade H. Whilden, Jr.
Partner, Hicks Thomas LLP
EducationUniversity of Texas (B.B.A., Marketing, 1990); University of Houston Law Center (J.D., 1994).
Practice EmphasisCommercial litigation, with extensive experience in environmental, real estate, and products liability.
Representative Cases/ClientsKinder Morgan Tejas Pipeline vs. Coral Energy Resources, LP. Successfully resolved a dispute regarding Coral's obligations under a Natural Gas Purchase/Sale Agreement and an Intrastate Gas Transportation Agreement. Coral was attempting to transform what effectively amounted to a storage agreement into a contract that would enable Coral to take advantage of changing market conditions and transfer certain costs and market based risks to Kinder Morgan. Coral ultimately abandoned its efforts without Kinder Morgan having to file suit.
Kinder Morgan v. Duke Energy. Lead counsel for Kinder Morgan in dispute involving transmix under a processing agreement. Obtained prompt settlement on favorable terms.
Longhorn Partners Pipeline v. Kinder Morgan. Trial counsel for Kinder Morgan in case brought by Longhorn Pipeline alleging breach of connection agreement and seeking tens of millions of dollars in damages. Court has denied Flying J's request for partial summary judgment on the key issue in the case and granted Kinder Morgan's cross-motion for partial summary judgment on the same issue. Case is pending.
Tractebel Energy Marketing, Inc. v. E. I. Du Pont de Nemours & Co. Trial counsel for Tractebel in breach of contract case against Du Pont. Obtained a significant jury verdict that was upheld on appeal.
J. Dahr Jamail v. River Oaks Property Owners, Inc. Trial counsel in injunction hearing and subsequent three-week trial in dispute involving deed restrictions.
City of Modesto v. Dow Chemical Co., et al. Counsel for defense in ongoing environmental contamination litigation alleging pollution by dry cleaning industry. Led joint defense group in development of trial strategies and conduct of mock trials.
Kaiser Aluminum Chemical Company. Represented Kaiser in numerous asbestos cases, three of which went to trial. Working with other Hicks Thomas attorneys, obtained no liability verdicts in all three cases.