BG Successfully Represents Client Who Defeated $900M Lawsuit, Awarded $2.9M in Attorney Fees as a Result
Pursuant to a ruling from the Appellate Court of Illinois, Bailey Glasser has successfully represented our client Williamson Energy in defeating a $900 million lawsuit and obtaining the award of $2.9 million in attorney fees as a result.
In 2014, based on ancient deeds conveying mineral rights in Illinois, the Mitchell-Roberts Partnership sued Williamson Energy for $900 million. On Williamson Energy’s behalf, Bailey Glasser secured summary judgment on that claim—a complete win for the defense—in 2019, and the appellate court affirmed shortly thereafter. Bailey Glasser then pressed Williamson Energy’s counterclaim. As it turned out, in signed mitigation agreements, the Partnership had expressly waived and released the very claims it brought against Williamson Energy several years before it filed suit. The mitigation agreements also contained attorney fee provisions awarding fees to the prevailing party in the event of such a lawsuit.
Accordingly, under the contracts, the Partnership was on the hook for all of Williamson Energy’s attorneys’ fees. The trial court agreed. And, yesterday, the appellate court affirmed an award of $2.9 million in fees. All told, the Partnership that sued Williamson Energy for $900 million will have to pay it $2.9 million instead.
Bailey Glasser attorneys Brian Glasser, Nick Johnson, Jeffrey Baron, and Joshua Hammack represented the defendants. Joshua Hammack drafted the appellate briefs and argued the appeals before the Appellate Court. Chuck Little participated in this case as an investigator and Pat Wilson and Christy Satterfield provided valuable paralegal expertise.
The case stemmed from a dispute over mineral and subsidence rights tied to 100-year-old “Pierce Deeds” and longwall mining operations conducted by Williamson Energy in southern Illinois. Two key partners in the plaintiff Partnership—the Kees siblings—had signed mitigation and release agreements in 2010 related to two properties, accepting over $176,000 in payment and waiving any future claims for subsidence damage. The mitigation and release agreements also contained attorney fee provisions in the event of litigation.
Despite those explicit waivers, the Partnership later sued Williamson Energy for substantial damages and injunctive relief, claiming ownership rights and alleging wrongful mining activity related to these same properties.
Williamson Energy filed a counterclaim contending that the Partnership had breached the 2010 mitigation and release agreements, which had clearly waived all claims for subsidence damage caused by Williamson Energy’s longwall mining operations.
The trial court found that the Kees’ agreements bound the entire Partnership and its members, given their roles as general partners. The court also held that the Partnership had judicially admitted essential facts—including ownership of the contested parcels and the Kees’ authority to act on the Partnership’s behalf—through verified pleadings and deposition testimony.
The trial court then granted Williamson Energy summary judgment and awarded nearly $2.93 million in legal fees based on the attorney fee provisions.
On appeal, the Partnership contended that it had been denied a right to trial, that the judicial admissions were improper, and that the fee award was excessive.
However, the appellate court rejected all these contentions in a comprehensive 64-page opinion and order. Indeed, the appellate court emphasized that the Partnership failed to present any evidence to rebut Williamson Energy’s case. As to the fees, the court explained: “In sum, having kicked the snow loose at the top of the mountain, the Partnership cannot now be heard to complain about the avalanche at the bottom.”
Williamson Energy will now begin the process of enforcing its judgment.
To read the Court’s ruling visit this link