Court Permits Termination of Gas Contract Based on Fear of Theft

February 12, 2009 in Case Summaries

Jeff Levinger represented Flint Hills, a crude oil processor, in the appeal of a $700,000 judgment based on its decision to suspend performance under a purchase contract.  The Fifth Circuit reversed, holding that the processor had the right to suspend performance because of uncertainty as to whether the crude oil was stolen, and rendered a take-nothing judgment.  Flint Hills, LP v. JAG, Inc., 559 F.3d 373 (5th Cir. 2009).