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Air Liquide Large Industries U.S., LP v. NRM Investments, Inc., et al.
April 1, 2015

In this energy sector contract lawsuit, AZA prevailed on all claims in a jury trial and obtained a permanent injunction against its client’s opponent. This case shows AZA’s ability to be creative, focused and fierce in trial and includes a spectacular case-winning cross-examination. It also illustrates how AZA’s boutique efficiency can win the day with the firm’s three lawyers besting the opposition’s nine.

NRM sought $2.5 million in damages, alleging fraud and breach of contract and complaining that Air Liquide sold NRM industrial materials with valuable nickel and chromium but also containing hazardous waste in violation of the contract and California law. Air Liquide denied the allegations and sought $1.5 million still owed under the contract.

AZA’s Todd Mensing got a remarkable 15 potential jurors struck for cause (a quarter of the panel) by showing their bias against Air Liquide because it is a large multinational company.  Mr. Mensing’s relentless cross-examination of NRM’s primary environmental law expert ended with the key witness admitting he wasn’t an expert. At the end of the 2½- week trial, the jury rejected all NRM’s claims and awarded Air Liquide $1.7 million, representing Air Liquide’s full damages, including attorneys’ fees.

Air Liquide also obtained a permanent injunction barring NRM from attempting to return the materials to Air Liquide. NRM had threatened to dump the materials at Air Liquide’s Houston offices or its executive’s home during the dispute.

AZA lawyers: Todd Mensing, Tim Shelby and Tiffany Joudi.

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