Monday, June 1, 2015

Moncrief Oil International, Inc. v. OAO Gazprom

No. 017-229664-08, District Court, Tarrant County, Texas (Fort Worth).

Essential reading:

Perry Mason Moment Halts Moncrief $1.37 Billion Gazprom Suit

Texas Firm's $1.4 Billion Suit Against Gazprom Collapses On Faked Evidence

Additional reading:

Russian Gas Co. Must Face Trade Secrets Suit: Texas Court [2013]

Moncrief Pulls Plug Midway Through $1.36B Gazprom Trial [2015]

Technical reading:

Defendants Second Motion for Sanctions

Issues to discuss:

1)      What was the origin of the conflict between Moncrief and Gazprom? What was the controversy in this particular case? Was it a contract case or a tort case?  What country’s law governed the relevant relations of the parties?
2)      Why did the Texas court accept jurisdiction over the dispute?  What was the opinion of the Texas Supreme Court on that?
3)      What kind of trade secrets did Moncrief allege to have been stolen?  What evidence did Moncrief have on the existence of the trade secrets?
4)      What made Gazprom’s attorneys think the evidence was faked?  What was their evidence of the forgery?
5)      Is it common practice in US courts to introduce new evidence during cross examination of a witness before a jury? Why did Moncrief’s attorneys object to that?  Why did the judge overrule the objection?  
6)      What did Gazprom’s attorneys ask for?  Explain the meaning of the defendants’ motion for sanctions’ third section title (page 11: “Moncrief’s deception warrants death penalty sanctions”).
7)      What was the outcome of the case?  Did the jury return a verdict?  If not, why?  Who has resolved the dispute and how?



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