Jesse R. Pierce

Jesse R. Pierce: Attorney with Pierce & O'Neill, LLP
Attorney Awards
  • Martindale-Hubbell Peer AV Preeminent Rating
About Attorney Awards

Biography

Jesse Pierce has more than 40 years of litigation experience and has tried many types of cases in state and federal courts of Texas and other states. He specializes in civil trials of cases dealing with complex energy and commercial issues. Mr. Pierce is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization and is a Commercial Arbitrator for American Arbitration Association. He is licensed to practice in Texas, Oklahoma, Arkansas, Pennsylvania, and Ohio.

Mr. Pierce was named "2011 Houston Oil and Gas Lawyer of the Year" by Best Lawyers and has been inducted into the Litigation Counsel of America, a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellows are selected based on effectiveness and accomplishment in litigation, both at the trial and appellate levels, and on the basis of a superior ethical reputation. Fewer than 60 attorneys in Houston are Fellows of the LCA.

Mr. Pierce represents both plaintiffs and defendants, and has represented clients in many types of complex litigation, including oil and gas, environmental, product liability, interpretation and enforcement of contracts, temporary restraining orders, trade secrets, franchising, real estate, ERISA claims, securities and corporate matters, franchising disputes, copyright and entertainment matters, and a variety of fraud, usury, and Deceptive Trade Practices matters, and has extensive experience in class action litigation. Mr. Pierce frequently lectures at continuing legal education seminars and was a drafter of the Texas Pattern Jury Charges for Oil and Gas Cases.

PUBLICATIONS

■ “How to Deal with the Expert Witness,” State Bar of Texas, 2015

■ “The Use and Perils of Sight Drafts in Leasing Transactions,” 59th Annual Rocky Mountain Mineral Law Institute, 2013

■ “Recent Developments in Oil and Gas Law,” 8th Annual Energy Litigation Conference, The Institute for Energy Law, 2009

■ “Protecting Company Secrets and Rights to Compete: When Employer and Employees Clash in the Oilfield,” 60th Annual Conference on Oil and Gas Law, Institute for Energy Law, 2009

■ “Recent Developments in Oil and Gas Law,” 7th Annual Energy Litigation Conference, The Institute for Energy Law, 2008

■ “Termination of Oil, Gas, and Mineral Leases: Savings Clauses and Defensive Doctrines,” Texas State Bar webcast panelist, 2008

■ “Termination of Oil, Gas, and Mineral Leases: Savings Clauses and Defensive Doctrines,” 26th Advanced Oil, Gas and Energy Resources Law Course, Texas State Bar Association, 2008

■ “Oil and Gas Pattern Jury Questions and Instructions,” Oil, Gas & Energy Resource Law Section of the State Bar of Texas, September 14, 2005

■ “Current Issues in Gas Royalty Litigation,” Arkansas State Bar Association Oil, Gas & Energy Law Seminar, 2005

■ “Termination of Oil, Gas & Mineral Leases: The Temporary Cessation of Production & Production in Paying Quantities Doctrines,” State Bar of Texas Oil, Gas and Energy Resources Law Section Report, Vol. 27, No. 4, June 2003

■ “Common Law Claims in Environmental Contamination cases,” Advanced Environmental Law Course, State Bar of Texas, 1997

■ “Standards of Appellate Review,” Houston Bar Association Appellate Practice Institute, 1996

■ “Current Issues in Controversies Between Royalty Owners and Energy Companies,” Section of Natural Resources, Energy, and Environmental Law, American Bar Association, 1993

See more ›

Areas of Practice (8)

  • Commercial Litigation
  • Energy Litigation
  • Oil and Gas Litigation
  • Complex Litigation
  • Toxic Torts
  • Appellate Practice
  • Bankruptcy Litigation
  • Alternative Dispute Resolution

Education & Credentials

University Attended:
Austin College, B.A., 1971
Law School Attended:
University of Texas at Austin, J.D., cum laude, 1974
Year of First Admission:
1974
Admission:
1974, Texas; 1981, U.S. Court of Appeals, Fifth Circuit and U.S. District Court, Eastern District of Texas; 1982, U.S. Supreme Court and U.S. District Court, Western and Northern Districts of Texas; 1985, U.S. Court of Appeals, Tenth Circuit and U.S. District Court, Southern District of Texas; 1991, U.S. Court of Appeals, Eighth Circuit; 2010, Oklahoma; 2010, Arkansas; 2011, U.S. Court of Appeals, Second Circuit; 2012, Pennsylvania; 2013, Ohio; 2015, United States District Court for the Northern District of Ohio; 2011, Michigan
Memberships:
State Bar of Texas (Member of Council, Oil, Gas and Energy Resources Law Section); Oklahoma Bar Association; Arkansas Bar Association; State Bar of Pennsylvania; State Bar of Ohio; American Board of Trial Advocates; The Center for American and International Law (Member, Oil & Gas Practice Committee); American Bar Association; Houston Bar Association.
Reported Cases:

Texas Crude Energy v. Burlington Resources Oil & Gas Company, LP , No. 13-23-00072-CV (Thirteenth Court of Appeals Texas) (joint operating agreement dispute)

SM Energy Company v. DOI Wintex, LLC, No. 11-23-00276-CV (Eleventh Court of Appeals Texas) (joint operating agreement dispute; appeal from injunction)

CTF LTD. v. Encino Energy, L.L.C. , Case No. 121,391 (Supreme Court of Oklahoma) (oil and gas lease royalty dispute)

Robert Diakiw v. Stites Mgmt., L.L.C., No. 14-22-00439-CV, 2023 WL 8041403 (Tex. App.—Houston [14th Dist.] Nov. 21, 2023, pet. filed) (partnership and breach of fiduciary duty)

Claude C. Arnold v. Cabot Oil & Gas Corp., 485 P.3d 817 (Supreme Court of Oklahoma) (oil and gas lease title dispute)

Ovintiv USA, Inc. v. Element Petroleum Properties, LLC, No. 11-21-00052 (Eleventh Court of Appeals Texas) (oil and gas lease royalty dispute)

Miramar Holdings, LP v. SM Energy Company, 5:20-CV-00096 (United States District Court for the Southern District of Texas) (oil and gas lease royalty dispute)

Le Norman Operating LLC v. Chalker Energy Partners III, LLC, 2017 WL 91373 (Tex. App.—Houston [1st Dist.] 2017) (oil and gas contract dispute)

In re Plains Pipeline, L.P. and Plains All American Pipeline, L.P. , No. 08-19-00224 (Eighth Court of Appeals Texas) (mandamus in surface lease dispute)

BPX Operating Company v. Margaret Ann Strickhausen , No. 19-0567 (Supreme Court of Texas) (oil and gas lease royalty dispute)

Misty Hawkins v. Fox Corporate Housing, LLC, No. 01-19-00394 (First Court of Appeals Texas (Texas Citizens Participation Act dispute)

Hotze v. Hotze , No. 01-18-00039, 2018 WL 3431587 (Tex. App. – Houston [1st Dist.] July 17, 2018, no pet.) (commercial dispute)

Braver v. Northstar Alarm Services, LLC, 329 F.R.D. 320 (United States District Court for the Western District of Oklahoma) (Telephone Citizens Protection Act dispute)

CCI Gulf Coast Upstream, LLC v. Circle X Camp Cooley, Ltd., 2018 WL 4624012 (Tenth Court of Appeals Texas) (oil and gas lease dispute)

Freeman v. Harleton Oil & Gas, Inc., 528 S.W.3d 708 (Tex. App.—Texarkana 2017, pet. filed) (oil and gas contract dispute)

Cabot Oil & Gas Corporation v. Newfield Exploration Mid-Continent, Inc., 2017 WL 2791188 (Tex. App.—Amarillo 2017, no pet.) (oil and gas contract dispute)

Cabot Oil & Gas Corporation v. Samson Lone Star, LLC, 2017 WL 2791188 (Tex. App.—Amarillo 2017) (oil and gas contract dispute)

In re Cody Texas, L.P., 2017 WL 4942852 (Tex. App.—San Antonio 2017) (oil and gas contract dispute)

Cody Texas, L.P. v. BPL Expl., Ltd., 513 S.W.3d 522 (Tex.App. – San Antonio 2016, pet. denied) (oil and gas contract dispute)

In re CCI Gulf Coast Upstream, LLC, 2016 WL 6134466 (Tex. App.—Waco, 2016) (oil and gas contract dispute)

Texas Lone Star Petroleum Corp. v. Chesapeake Operating, Inc ., 2016 WL 6677939 (United States District Court for the Southern District of Texas) (oil and gas royalty dispute)

Burlington Resources Oil & Gas Company, LP v. Petromax Operating Co., Inc., 486 S.W.3d 703 (Tex. App.—Texarkana 2016, no pet.) (oil and gas contract dispute)

XH, LLC v. Cabot Oil & Gas Corporation, 2014 WL 2505541 (Tex. App.—Tyler 2014, no pet.) (oil and gas contract dispute)

MDU Barnett Limited Partnership v. Chesapeake Exploration Limited Partnership, 2014 WL 585740 (S.D. Tex. 2014) (oil and gas contract dispute)

Davey v. Margarett Jordan Royalties, Inc., 2014 WL 3939669 (Tex. App.—Tyler 2014, no pet.) (oil and gas contract dispute)

Preston Exploration Co., L.P. v. G.S.F., LLC, 566 Fed.Appx. 318 (5th Cir. 2014) (oil and gas contract dispute)

McCall v. Chesapeake Energy Corporation, et al., 509 Fed.Appx. 62 (2013) (purported class action)

Chesapeake Louisiana, L.P. v. Buffco Production, Inc., 2013 WL 12242054 (E.D. Tex. 2013) (oil and gas contract dispute)

Coe v. Chesapeake Exploration, L.L.C., 695 F.3d 311 (5th Cir. 2012) (oil and gas contract dispute)

Highland Capital mgmt. v. Ryder Scott Co., 402 S.W.3d 719 (Tex.App. - Houston [1st Dist.] 2012) (securities)

SM Energy Co. v. Sutton, 376 S.W.3d 787 (Tex.App. - San Antonio, 2012) (oil and gas contract dispute)

Highland Capital Mgmt, L.P. v. Ryder Scott Co., 402 S.W.3d 719 (Tex. App.—Houston [1st Dist.] 2012, no pet.) (oil and gas contract dispute)

Witt v. Chesapeake Exploration, L.L.C., 276 F.R.D. 458 (E.D. Tex. 2011) (oil and gas contract dispute)

Coll v. Abaco Operating LLC, 2010 WL 11470128 (E.D. Tex. 2010) (oil and gas contract dispute)

Cheetah Gas Co., Ltd. v. Chesapeake Louisiana, L.P., 2009 WL 522736 (S.D. Tex. 2009) (oil and gas contract dispute)

Navasota Resources, L.P. v. First Source Texas, Inc., 249 S.W.3d 526 (Tex. App.—Waco 2008, pet. denied) (oil and gas contract dispute);

Shell Oil Company v. Baran, 258 S.W.3d 719 (Tex. App.—Beaumont 2008, pet. dism’d) (toxic tort)

Union Carbide Corporation v. Loftin, 256 S.W.3d 869 (Tex. App.—Beaumont 2008, pet. dism’d) (toxic tort)

PYR Energy Corporation v. Samson Resources Company, 470 F.Supp.2d 709 (E.D. Tex. 2007) (oil and gas dispute)

Ingram v. Glast, Phillips & Murray, 196 Fed.Appx. 232 (5th Cir. 2006) (sanctions)

DX Terminals, Ltd. v. Bayer Corporation, 214 S.W.3d 586 (Tex. App.—Houston [14th Dist.] 2006, pet. denied) (contract)

C.M. Asfahl Agency v. Tensor, Inc., 135 S.W.3d 768 (Tex. App.—Houston [1st Dist.] 2004, no pet.) (contract)

Moore Landrey, LLP v. Hirsch & Westheimer, P.C., 126 S.W.3d 536 (Tex. App.—Houston [1st Dist.] 2003, no pet.) (contract)

Natural Gas Pipeline Company of America, et al. v. Pool, 124 S.W.3d 188 (Tex. 2003) (multi-party lease termination and adverse possession)

GeoSouthern Energy Corp. v. Chesapeake Operating, Inc., 274 F.3d 1017 (5th Cir. 2001) (dispute among working interest owners)

GeoSouthern Energy Corp. v. Chesapeake Operating, Inc., 241 F.3d 388 (5th Cir. 2001) (dispute among working interest owners)

Law v. Natural Gas Pipeline Company of America, 65 S.W.3d 121 (Tex. App.—Amarillo 2001, pet. denied) (lease termination)

Mitchell Energy Corp. v. Bartlett, 958 S.W.2d 430 (Tex. App.— Fort Worth 1997) (water pollution)

Texas Instruments, Inc. v. Teletron Energy Mgmt. Inc., 877 S.W.2d 276 (Tex. 1994) (engineering malpractice)

Parten v. Cannon, 829 S.W.2d 327 ((Tex. App.—Waco 1992) (oil and gas)

Barras v. Monsanto Co., 831 S.W.2d 859 (Tex. App.—Houston [14th Dist.] 1992) (environmental Superfund)

Chevron U.S.A., Inc. v. Kennedy, (Tex. App.—El Paso 1991) (class action)

NL Inds., Inc. v. GHR Energy Corp., 940 F.2d 957 (5th Cir. 1991) (commercial)

Lee v. WalMart Stores, Inc., 943 F2d 554 (5th Cir. 1991) (commercial)

Wadsworth Bus. Ctr. v. Connell, 775 S.W.2d 663 (Tex. App.—Dallas 1989) (real estate)

Enterprise Int'l, Inc. v. Corporacion Estatal Petrolera Ecuatoriana,762 F.2d 464 (5th Cir. 1985) (commercial, Foreign Sovereign Immunities Act)

Gulf Oil Corp. v. Fuller, 695 S.W.2d 769 (Tex. App.—El Paso 1985) (discovery privilege issues)

Superior Oil Co. v. City of Port Arthur, 726 F.2d 203 (5th Cir. 1984) (constitutional challenge to annexation)

First City Nat'l Bank v. Hardy, 620 S.W.2d 732 (Tex. Civ. App.—Corpus Christi 1981) (oil and gas)

Amoco Oil Co. v. Hardy, 628 S.W.2d 813 (Tex. App.—Corpus Christi 1981) (class action)

Superior Oil Co. v. City of Port Arthur, 628 S.W.2d 94, (Tex. App.—Beaumont 1981) (constitutional challenge to annexation)

Claude Regis Vargo Ent., Inc. v. Bacarisse, 578 S.W.2d 524 (Tex. Civ. App.—Houston [14th Dist] 1979) (commercial)

C & W Manhattan Associates v. Lively, 588 S.W.2d 671 (Tex. Civ. App.—Beaumont 1979) (commercial)

Dunn v. Davis, 590 S.W.2d 752 (Tex. Civ. App.—Houston [1st Dist.] 1979) (land title)

Pan American Life Insurance Co. v. Youngblood, 569 S.W.2d 951 (Tex. Civ. App.—Tyler 1978) (insurance)

Best Steel Buildings, Inc. v. Hardin, 553 S.W.2d 951 (Tex. Civ. App.—Tyler 1978) (wrongful death)

Gaal v. BASF Wyandotte Corp., 533 S.W.2d 152 (Tex. Civ. App.—Houston [14th Dist.] 1976) (trade secrets)

Hall v. White, 525 S.W.2d 860 (Tex. 1975) (contested probate)

City of Pasadena v. Richardson, 523 S.W.2d 506 (Tex. Civ. App.—Houston [14th Dist.] 1975) (civil rights)

In re Charter Oil Co., 63 B.R. 662 (Bankr. M.D. Fla. 1986) (corporate reorganization)

Certifications:
Board Certified, Civil Trial Law, Texas Board of Legal Specialization
ISLN:
904427651

Peer Reviews

5.0/5.0
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Martindale-Hubbell® AV Preeminent Rating Badge
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Contact Information:

346-771-7959  Phone

713-634-3601  Fax

www.pierceoneill.com

www.pierceoneill.com

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