Cases & Deals

Fisher-Klosterman obtains summary judgment in Texas state court lawsuit alleging products liability and tort claims

Client(s) Fisher-Klosterman, Inc.

Jones Day obtained summary judgment for client Fisher-Klosterman, Inc. ("Fisher-Klosterman"), an oil refinery equipment provider,  in Harris County, Texas. Several subsidiary companies of Valero Energy Corporation filed suit against Fisher-Klosterman, a division of CECO Environmental, and others seeking $75 million across six refineries for alleged violations of state tort and products liability laws related to a refractory liner that was put onto equipment provided by Fisher-Klosterman for use in cat crackers. Through the discovery process and summary judgment briefing, Fisher-Klosterman obtained Valero's own dismissal of several of the refineries and a reduction of damages. The trial court then issued an order granting summary judgment in favor of Fisher-Klosterman under the economic loss rule and on issues of successor liability.

Valero Refining-Texas, L.P., et al. v. Fisher-Klosterman, Inc. et al., Case No. 2010-52532 (Dist. Tex., Harris Cty.)