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Damages Analysis for Crude by Rail Dispute

Retained by a global leader in the energy and oil marketing and distribution industry, Mr. Tormo provided expert arbitration testimony regarding damages and the reasonableness of mitigation efforts in a breach of contract dispute involving the transportation of crude and ethanol by rail. Analysis involved determination of damages under Texas Uniform Commercial Code provisions, review and critique of opinions of defendant’s expert, evaluation of shale oil economics during the 2012-2015 timeframe, evaluation of crude by rail economics in the transport of Bakken crude to various U.S. Gulf Coast and East Coast storage and refining terminals, and examination of the alternative markets for rail tank cars in ethanol. Mr. Tormo submitted four expert reports, provided deposition testimony, and provided expert testimony at the arbitration hearing. Final arbitration award of $11 million was a clean sweep for client and provided for the exact damages calculated by Mr. Tormo.