On February 8, 2012, Mitch McFarland argued before the Texas Supreme Court in case styled El Paso Marketing, L. v. Wolf Hollow 1, L.P. The case involved claims by the owner of a gas-fired electric power generating plant against the gas supplier (El Paso Marketing) and the pipeline that delivered fuel to the plant (Enterprise Pipeline) for interruptions in service and for delivering gas below contractual quality standards. Mr. McFarland represented El Paso and prevailed at the trial court on motions for summary judgment that the interruptions were due to force majeure and that Wolf Hollow’s damage claims were barred as consequential damages. The Fourteenth Court of Appeals affirmed the ruling that all of Wolf Hollow’s damage claims were barred as consequential damages. However, the court of appeals held that Wolf Hollow could proceed with claims for negligence against Enterprise. All parties sought petitions for review by the Texas Supreme Court. See, Wolf Hollow I, L.P. v. El Paso Marketing, L.P., 329 S.W.3d 628 (Tex. App. – Houston [14th Dist.] 2010, pet. granted).
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