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HOUSTON, Aug. 29 /PRNewswire/ -- The litigation boutique, Susman Godfrey L.L.P., won three different appeals for three different clients in three different opinions issued by the Texas Supreme Court today.

In the first case, Forest Oil Corporation, et al. v. James Argyle McAllen, et al., the Texas Supreme Court reversed the court of appeals and remanded the case to the trial court with instructions to compel arbitration in accordance with the parties' written agreement. The plaintiffs, Mr. McAllen and others, had ignored their written agreement to pursue their claims in an arbitration in Houston, Texas, and, instead, had filed a lawsuit in state court in McAllen, Hidalgo County, Texas, in the city named after Mr. McAllen's ancestors.

Susman Godfrey partner Geoffrey L. Harrison argued the case in the Supreme Court on behalf of Forest Oil back in October 2007. Mr. Harrison urged the Supreme Court to enforce an arbitration agreement contained in the parties' years-earlier settlement agreement. Mr. Harrison argued that an unambiguous waiver-of-reliance provision in that settlement agreement precluded Mr. McAllen's "after-the-fact story" of fraudulent inducement as a matter of law. The Supreme Court agreed and recognized, as Mr. Harrison had argued, that "sophisticated parties represented by counsel in an arm's-length transaction negotiated a settlement agreement that included clear and broad waiver-of-reliance and release-of-claims language." The Court concluded that the "unequivocal disclaimer of reliance in the parties' bargained-for settlement agreement conclusively negates as a matter of law the element of reliance needed to support McAllen's fraudulent-inducement claim." The underlying dispute involves allegations of environmental contamination and intentional battery with allegedly radioactive oil well tubing. Susman Godfrey attorneys Johnny Carter and Rick Hess also worked on the Supreme Court briefs and on all other aspects of the case.

In the second case, In re Poly-America, L.P. the Texas Supreme Court granted conditionally a petition for mandamus to Susman Godfrey's client, Poly-America, LP. The Texas Supreme Court held that Poly-America's arbitration agreement was enforceable and that the trial court had not abused its discretion when it granted the company's motion to compel arbitration. Susman Godfrey partner Erica Harris represented Poly-America, LP.

In the third case, Zurich American Insurance Co., et al v. Nokia, Incorporated No. 06-1030, the Texas Supreme Court held that Zurich American Insurance Company, Federal Insurance Company and National Union Fire Insurance Company had a duty to defend Susman Godfrey's client, Nokia, Inc, in a series of class actions pending around the U.S. The ruling is a vindication for Nokia which has spent millions successfully defending these claims. Nokia hired Susman Godfrey partner Eric Mayer after losing on this issue in the trial court. Mayer and Susman Godfrey lawyers Brian Melton, Ian Crosby and Lexie White argued that Nokia's insurers wrongfully denied coverage. The ruling by the Texas Supreme Court now opens the way for Nokia to recover millions in defense costs and fees from this group of insurers. Mayer argued the appeal for Nokia.

   CONTACT:     Geoffrey L. Harrison
                713.653.7807
                gharrison@susmangodfrey.com


                Erica W. Harris
                713.653.7810
                eharris@susmangodfrey.com


                Eric J. Mayer
                713.653.7853
                emayer@susmangodfrey.com


  About Susman Godfrey L.L.P

Susman Godfrey L.L.P., a law firm with more than 80 trial lawyers, was recently named one of the top litigation boutiques in the country by The American Lawyer. The firm represents plaintiffs and defendants in a broad range of commercial litigation matters, including antitrust, patent and intellectual property, securities and corporate governance litigation, energy, commercial and products liability litigation, bankruptcy and financial restructuring, accounting malpractice, arbitration, climate change litigation, and foreign and international litigation matters. The firm has offices in Houston, Dallas, Los Angeles, Seattle, and New York. For additional information, visit http://www.susmangodfrey.com/.