Our Belfast-based client,CDE Global is the world’s largest manufacturer of sand processing equipment, now a key part of the oil and gas production business. One of its customers, Sierra Frac Sand, a Texas supplier of specialized sand to oil companies, sued CDE in the Eastern District of Texas for tort and contract claims for allegedly delivering sub-par equipment for a new facility in Louisiana. Sierra sought millions in alleged lost profits.
We moved to dismiss for forum non conveniens, among other grounds. The dispute centered around whether CDE’s “Standard Terms and Conditions,” including a Northern Ireland venue clause, had been incorporated into its contract with Sierra by reference. The magistrate judge sided with CDE, and Sierra appealed to the district judge, bringing in new counsel.