Selected Major Cases:
BP Exploration (Alaska) Inc. and State of Alaska, Department of Natural Resources royalty dispute, Anchorage AK, settlement 2020.
Lead outside trial counsel assisting Alaska Senior Assistant Alaska Attorney General representing State of Alaska, Department of Natural Resources in dispute over capital costs of very large crude carriers that moved oil from Valdez to the West Coast. Dispute resolved after lengthy negotiations.
Murphy Exploration (Alaska) Inc. v. State of Alaska, Department of Natural Resources, Anchorage AK, administrative trial 2012, voluntary dismissal 2014.
Lead trial counsel defending the State of Alaska in 2012 administrative case in which Murphy Exploration (Alaska) sued to reallocate 6,187,076 barrels of oil from the State to various interest owners. The oil had a market value of over $600 million at the time of trial. After entry of an order for the State, Murphy appealed but later dismissed its appeal in 2014 before the appeal was heard.
State of Alaska v. Williams (Alaska), Anchorage AK, settlement 2009.
Lead trial counsel in breach of contract action against Williams (Alaska) to recover the full royalty price due to the State of Alaska on take-in-kind oil purchased from the State. The case settled in 2009 after discovery, with the State recovering $15.7 million, the bulk of its claims, and paying nothing on sizable counterclaims.
State of Alaska v. ExxonMobil, arbitration, San Francisco, CA, 2005.
One of two lead trial counsel in an arbitration that resulted in a unanimous decision for the State of Alaska on the market value of ANS royalty oil shipped from Alaska to the U.S. West Coast. McArthur presented all of the State's evidence and handled part of cross-examination of Exxon's witnesses. A second, later, related arbitration on cost issues settled the same week that a second panel of arbitrators assembled for that merits hearing.
State of Louisiana v. Chevron U.S.A., Cause No. 93648, in the 17th Judicial District Court, LaFourche Parish, Thibodaux, Louisiana, trial 2004.
One of lead trial counsel defending the State of Louisiana and prosecuting counterclaims over royalty payment. After the court realigned the State as the true plaintiff, the jury reached a $125 million verdict for breach of contract and fraud in one of the Top 15 jury verdicts in 2004, with ultimate judgment $111 million. Chevron settled after briefs were filed in the Louisiana First Circuit Court of Appeals.
In re Natural Gas Qui Tam Litigation, MDL Docket No. 1293, in the United States District Court, District of Wyoming, Casper WY.
One of a team of lawyers handling Qui Tam claims over natural gas pricing and deductions against the largest producers of natural gas on federal property. Relator Gene Wright was approved as relator after extensive summary judgment briefing filed while McArthur was involved in the litigation.
Earl Anzai, Attorney General for the State of Hawaii v. Chevron Corp. et al., Cause No. 98000792-SPK, United States District Court, Hawai'i, Honolulu, HI, settlement 2002.
One of lead trial counsel for the State of Hawaii in a gasoline price-fixing and market-share antitrust case against all major gasoline retailers in Hawaii. The case settled after summary judgment argument.
ISPtel v. Lucent Technologies, Inc., Cause No. C-01-1390 CW, in the United States District Court, Northern District of California, Oakland, CA, settled 2002.
Lead local counsel for Voice-over-the-Internet company in fraud lawsuit against Lucent Technologies for misrepresentations over its call-switching equipment. Case settled before trial.
Department of the Interior v. Cook Inlet Regional Corporation, an Alaskan regional corporation, Anchorage AK, settlement negotiations.
Lead counsel in successful negotiation of dispute over values and entitlement under Alaskan Native Claims Settlement Act.
Samson Resources v. BASF, in the United States District Court, Northern District of Oklahoma, Tulsa OK. Early 1990s.
Lead trial counsel for BASF defending large take-or-pay claim brought by Tulsa-based Samson Resources. Case settled just before trial with no past-damage recovery for plaintiff.
El Paso Natural Gas Co. v. TransAmerican Natural Gas Corp., Cause No. 85-09329, in the 127th District Court, Harris County, Texas, trial 1988.
One of trial counsel for producer in breach of contract case over definition of payout and take-or-pay claims. McArthur was responsible for presenting the producer's main damage witnesses and cross-examining El Paso's damage witnesses. The jury awarded a $536.2 million verdict on the take-or-pay claims, the exact amount TransAmerican's experts claimed was due. The case settled favorably to TransAmerican after briefing and argument in Houston Court of Appeals.
Burzynski v. Aetna Life Insurance Co., 967 F.2d 1063, United States Court of Appeals, Fifth Circuit, Houston, TX, 1991-1992.
Lead counsel for defendant in a $100 million case over failure to reimburse novel cancer treatment. Trial court dismissed the case while McArthur was lead counsel, a decision later reversed after McArthur had left his Houston lawfirm.
A.E. Investments, Inc. v. Davis Oil Co., Cause No. 85-M-1821, in the United States District Court, District of Colorado, Denver, CO, settlement 1991.
One of trial counsel for plaintiff AE Investments in breach of contract, fraud, securities fraud, and racketeering case over $180 million investment with Denver oilman Marvin Davis. Case settled after jury selection in 1991.
