C. Michael Moore has become a rock star, thanks to his client’s victory in K.T. Rock LLC v. Seeco Inc., et al. , which led to a $3.25 million final judgment.

In its Aug. 8, 2011, amended petition, plaintiff K.T. Rock, a limited partnership, alleged that it had agreed to sell land in Arkansas to defendants Seeco and Southwestern Energy Co. — land that could be used for the natural gas exploration and production companies’ wastewater disposal well site. In exchange, the defendants agreed contractually to purchase 1.5 million tons of rock from the plaintiff over a three-year period, K.T. Rock alleged.

The defendants fell behind on their rock purchases “from day one,” K.T. Rock alleged, and they engaged in fraud in the inducement of the contract by, among other things, failing to disclose that they maintained arrangements and relationships with other rock sellers.

K.T. Rock’s causes of action included breach of contract and fraud, among others, and it sought damages, exemplary damages and attorneys’ fees.

In their Aug. 8, 2011, answer and counterclaim, the defendants denied the allegations and brought a counterclaim alleging breach of contract for K.T. Rock’s failure to have the required tonnage of rock available for purchase. K.T. Rock denied the allegations in the counterclaim. [See K.T. Rock's petition, SEECO's answer and the judgment.]

After an eight-day trial, jurors found the defendants liable for damages for fraud in the inducement.

Judge R.K. Sandill of Harris County’s 127th District Court signed the final judgment on Feb. 28 and dismissed the counterclaim against K.T. Rock.

Harrison, Bettis, Staff, McFarland and Weems partner Jeff Weems of Houston, who represents Seeco and Southwestern, did not return a telephone call seeking comment.

Moore, managing partner of SNR Denton’s Dallas office, says he convinced the jurors that the fraud occurred in a clear and convincing manner, so the $3.25 million final judgment includes $500,000 in exemplary damages.

“[W]e were very pleased with the size of the award,” Moore says. 

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