Trial Court Renders Take-Nothing Judgment in Favor of General Contractor

Brett Kutnick served as appellate counsel for a team of trial lawyers in defending Triad Electric and Controls, Inc. in a lawsuit filed by MEMC Pasadena, Inc. seeking over $25 million in lost profits and property damages allegedly sustained by MEMC’s polysilicon manufacturing facility during the construction of an expansion project.  After a multi-week jury trial, the 151st Judicial District Court of Harris County, Texas in Houston rendered a take-nothing judgment in Triad’s favor.  Mr. Kutnick was responsible for the jury charge, many of the significant legal and evidentiary issues that arose during the course of the trial, and all post-verdict motions.  The case is currently being appealed by MEMC in the Court of Appeals for the Fourteenth District of Texas in Houston.  MEMC Pasadena, Inc. v. Riddle Power, LLC and Triad Electric and Controls, Inc., No. 2008-11010, 151st Judicial District Court of Harris County, Texas.