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| Exxon Mobil Corporation v. Marsulex Refinery Services |
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Marsulex, Inc.
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| A rare result was recently achieved by Winston when a plaintiff, Exxon/Mobil, not only dismissed the action it had filed against our client, Marsulex Corp., but paid Marsulex to resolve the dispute. Marsulex had provided refinery services (e.g., emission scrubbing) for several years to one of Exxon's largest refineries in Baton Rouge, Louisiana. At the conclusion of the contract, Exxon refused payment on the final contract payment. While negotiations had commenced to resolve the dispute, Exxon filed a pre-emptive federal district court complaint in New Orleans earlier alleging that Marsulex had breached the contract and engaged in service deficiencies that resulted in approximately $30 million in damages to Exxon. Our team worked with Marsulex to develop both a framework for Marsulex's own damage model and a critique and analysis of Exxon's purported damages. The end result was that Exxon has dismissed its complaint against Marsulex with prejudice; Marsulex has not remitted any payment to Exxon/Mobil, and Exxon/Mobil has remitted a check for a substantial amount to Marsulex to resolve the dispute. |
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