The Texas Lawbook
Oct 27, 2019
D-Day is Here for the ETP-Enterprise SCOTX Legal Battle
LPCH founder, Mike Lynn, appears in The Texas Lawbook as ETP’s lead lawyer in the ETP v. Enterprise SCOTX case.
ETP sued Enterprise on September 30th, 2011 claiming Enterprise broke its commitment to build the “Double E” pipeline from Cushing, Oklahoma, to Houston when it chose to follow an opportunity with Canada-based Enbridge instead. During the trial, ETP argued that the two companies, Enterprise and Enbridge plotted to remove it out of the deal.
“The question is whether Texas will join the 40-plus states that follow the Uniform Partnership Law — and hold that the parties’ conduct is what controls partnership formation — or whether the court will accept Enterprise’s invitation to become a national outlier and allow partners to steal from each other,” comments Lynn.
Although the case is several years old, Lynn mentions there is only one day in the case’s history that truly matters. The case has caught the attention of major corporations, legal scholars, and business groups due to the considerable amount of amicus briefs filed — seven for ETP and eight supporting Enterprise.
It all comes down to the Texas Legislature law or written agreements between the two companies that ultimately define or prevent the formation of the partnership.
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