Courtney E. Ervin
experiencerAndrews Kurth Kenyon
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Contact Information

Houston

600 Travis
Suite 4200
Houston, TX 77002
P: +1.713.220.3993
F: +1.713.220.4285
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Courtney E. Ervin

Partner

Houston Office
600 Travis
Suite 4200
Houston, TX 77002
P: +1.713.220.3993
F: +1.713.220.4285

Courtney is a skilled and experienced advocate for clients facing a commercial dispute. Courtney has a proven track record of effectively and efficiently achieving client's objectives. Courtney understands that to achieve success, both the legal and business teams must work together to define and implement a strategy to achieve the client's goals.

Courtney’s team approach has made her a successful advocate and counselor across numerous industries, including energy, insurance, oil and gas, private equity, real estate, retail and technology. She regularly handles multi-million-dollar complex commercial litigation disputes involving breach of contract, breach of fiduciary duty, fraud, misrepresentation, tortious interference, trespass, nuisance, warranty claims, insurance coverage and shareholder disputes, among others. She has represented clients in state and federal courts, including in Texas, Louisiana, Oklahoma, Delaware and New York. She also represents clients in arbitration, including before the AAA and ICDR. Courtney’s varied practice has taught her to nimbly respond to any type of case and challenge. Common to her cases are exemplary results, lasting client relationships, and the earned respect of her adversaries.

She has litigated claims arising from a variety of contractual agreements including area of mutual interest agreements, asset purchase agreements, commercial general liability policies, cost sharing agreements, drilling contracts, purchase and sale agreements, indemnity agreements, joint operating agreements, joint venture agreements, master services agreements, oil and gas leases, operations and maintenance agreements, shareholder agreements, and unit operating agreements.

Representative Experience

Courtney has served as trial counsel in a variety of litigation and counseling matters. Her recent representation includes:

  • Trial counsel for an independent oil and gas production company in a one-week arbitration concerning breach of a joint operating agreement.
  • Trial counsel for three international oil and gas exploration companies in an eight-figure dispute concerning the design and fabrication of a state of the art offshore production platform in an arbitration before the ICDR. After a full hearing on the merits, the arbitration tribunal awarded a unanimous take-nothing judgment in favor of Courtney's clients.
  • Represented a property and casualty insurer in a multi-million-dollar coverage dispute concerning reimbursement of costs incurred by a waste company in connection with the remediation of an EPA Superfund site in federal court in the Southern District of Texas and the Fifth Circuit.
  • Trial counsel for an above-ground tank construction company in a subrogation, breach of warranty and breach of contract dispute concerning allegations of faulty welding in federal court in the Eastern and Middle Districts of Louisiana.
  • Represented an independent oil and gas operator in a surface use and trespass action regarding the oil and gas operator's right to access the surface estate for its oil and gas operations in state court in Midland County. 
  • Counsel for property and casualty insurer in multiple coverage disputes under commercial general liability policies with insureds and related disputes with co-insurers over allocation, contribution and subrogation.
  • Trial counsel for an oil and gas company in a dispute pending in Harris County, Texas concerning a non-working interest owners' alleged right to pay decks and well runs on producing properties in the Texas Panhandle.
  • Trial counsel for a private utility generation company in a AAA arbitration concerning the interpretation of an Operations and Maintenance Agreement governing a co-generation facility. After a briefing and oral argument, obtained a unanimous summary judgment adopting client's interpretation of a price renegotiation provision.
  • Represented an international oil and gas company in a nine-figure dispute regarding the termination of an oil rig assignment agreement in Africa under the Arbitration and Conciliation Act.
  • Represented investors in a $400 million dispute for breach of a series of put option agreements and related agreements, including material breach of the representations and warranties, unjust enrichment, and constructive trust, in New York state court.
  • Represented retailer in breach of contract dispute with billing software provider regarding violations of the Deceptive Trade Practices Act, fraudulent inducement and breach of warranty.
  • Trial counsel for a methanol company in a multi-million-dollar partnership dispute in Delaware Chancery Court concerning the existence and terms of an alleged oral partnership agreement.
  • Trial counsel for an exploration and production MLP facing a unitholder dispute in Delaware Chancery Court seeking to unwind a multi-million-dollar transaction.
  • Represented a medical equipment company regarding the termination of an exclusive licensing agreement in an adversary proceeding before the United States Bankruptcy Court for the Northern District of Texas.

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