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Phillip Bruce Dye, Jr.

Phillip B. Dye, Jr. Partner, International Litigation

Phillip has extensive experience in all aspects of complex civil litigation with an emphasis on transnational litigation, and has developed deep knowledge about dealing with issues related to suits involving events that occur outside the United States. These include representation of foreign parties, jurisdiction, foreign sovereign immunity, forum non conveniens, conflicts of law, service of process, and discovery abroad. His practice includes disputes in a broad range of areas — including all aspects of the energy industry, commercial matters, maritime commerce, and product liability. Phillip also advises foreign entities on U.S. litigation risks.

Experience Highlights

  • (D. Colo.) – Represented energy company in a dispute regarding whether a Market Disruption Event had occurred under the terms of their long term contracts for natural gas, impacting price to be paid; the jury unanimously found that the plaintiff breached the contracts with our client and that our client did not breach the contracts 
  • Defeated two separate attempts to enjoin our client, Gastar Exploration, from hydraulically fracturing wells in the Marcellus Shale in West Virginia; the Plaintiff, the owner of a solution mining plant located on property adjoining the wells, first sought an injunction in the Pennsylvania Court of Common Pleas in Pittsburgh, Pennsylvania; the Pennsylvania court denied the requested injunction after presiding over a two week hearing and receiving testimony from eight different expert witnesses; Within days of the ruling, the Plaintiff filed a second suit seeking an injunction in Marshall County, West Virginia; after reviewing the record from Pennsylvania and submissions of the parties, the West Virginia court dismissed the Plaintiff’s second suit on collateral estoppel and res judicata grounds
  • (S.D. Tex.) — Obtained dismissal of our client, Plains Marketing L.P., from several suits brought by Pemex Exploracion y Produccion ("Pemex") seeking to recover $300 million in damages related to gas condensate allegedly stolen from gas fields in Northern Mexico and smuggled into Texas; the district court issued a series of rulings which ultimately resulted in a complete dismissal of all claims against Plains Marketing
  • (S.D. Tex.) — Obtained an order on behalf of a Middle Eastern state authorizing proceedings in federal court in Houston against a subsidiary province pursuant to the Foreign Sovereign Immunities Act (FSIA)
  • (5th Cir.); (W.D. Tex.) — Obtained mandamus relief representing a tire manufacturer in Multi-District Litigation (MDL); the MDL court, located in Indiana, denied motions to dismiss for forum non conveniens and remanded six cases to the federal court in Austin for trial; when the trial court in Texas refused to reconsider the MDL court’s forum non conveniens ruling, mandamus relief was sought and granted; the appellate court’s opinion was significant with respect to forum non conveniens issues and the treatment by one circuit of the cases that are transferred from an MDL court located in a different circuit
  • Obtained a finding of bad faith by plaintiffs in connection with proceedings in Mexico; the plaintiffs had been dismissed based on forum non conveniens; the plaintiffs then filed ex parte proceedings in Mexico and obtained an order from a Mexican court that it did not have jurisdiction over a suit brought by Mexican citizens concerning events in Mexico; the plaintiffs attempted to use this order to reopen their case in the United States; the MDL court overseeing the case permitted an investigation and, based on the evidence discovered by the defendants, found that the Mexican orders were obtained by fraud; the court dismissed the case and sanctioned the plaintiffs’ Mexican law expert
  • (S.D. Tex.) – Successfully quashed writs of garnishment obtained by a judgment creditor of the Islamic Republic of Iran; the writs had been obtained in an attempt to garnish $1 billion allegedly owed to Iran by our client, an international oil company; the district court granted the motions to quash the writs of garnishment pursuant to the Foreign Sovereign Immunities Act
  • (Tex. Dist. – Harris Cnty., El Paso Cnty.) – Obtained dismissals of a manufacturer of metal halide bulbs from two separate lawsuits filed in connection with a massive fire in Mexico; suits were filed in Texas state courts seeking recovery of tens of millions of dollars for the destruction of an extensive maquiladora facility.  Both cases were dismissed on the basis of forum non conveniens
  • (NY. Sup.) – Successfully won dismissal for lack of personal jurisdiction in a $186 million securities fraud claim brought in Texas state court against the Argentine subsidiary of an international oil company; the plaintiff later re-filed the case in New York state court and that case was also dismissed by the New York court on jurisdictional grounds
  • Successfully defended proceedings arising from an oil well blowout in Syria; represented multiple clients in the case, dismissal was obtained for one client based on the Foreign Sovereign Immunity Act; the remainder of the clients were dismissed for lack of personal jurisdiction

Case Citations

  • Grynberg v. BP, P.L.C., 527 Fed.Appx. 278, (5th Cir. 2013)
  • Bailey v. Shell Western E&P, Inc., 609 F.3d 710, (5th Cir. 2010)
  • In re Ford Motor Co., 591 F.3d 406, (5th Cir. 2009)
  • Ptasynski v. Kinder Morgan G.P., Inc., 220 Fed.Appx. 876, (10th Cir. 2007)
  • Petrobras America Inc. v. Union Oil Co. of Cal., 177 Fed.Appx. 460, (5th Cir. 2006)
  • Pickens v. Shell Technology Ventures Inc., (5th Cir. 2004)
  • Hughes v. Tobacco Institute, Inc., 278 F.3d 417, (5th Cir. 2001)
  • Green v. R.J. Reynolds Tobacco Co., 274 F.3d 263, (5th Cir. 2001)
  • Perenco Nigeria Ltd. v. Ashland Inc., 242 F.3d 299, (5th Cir. 2001)
  • State of Rio de Janeiro of Federated Republic of Brazil v. Philip Morris Inc., 239 F.3d 714, (5th Cir. 2001)
  • Kelly v. Syria Shell Petroleum Development B.V., 213 F.3d 841, (5th Cir. 2000)
  • Grynberg v. Total Compagnie Francaise Des Petroles, 891 F.Supp.2d 663, (D.Del. 2012)
  • Grynberg v. BP P.L.C., 855 F.Supp.2d 625, (S.D. Tx. 2012)
  • Bailey v. Shell Western E & P, Inc., 555 F.Supp.2d 767, (S.D. Tex. 2008)
  • Darby Trading Inc. v. Shell Intern. Trading and Shipping Co. Ltd., 568 F.Supp.2d 329, (S.D.N.Y. 2008)
  • In re Bridgestone/Firestone, Inc. Tires Products Liability Litigation, 470 F.Supp.2d 931, (S.D. Ind. 2006)
  • In re Bridgestone/Firestone, Inc. Tires Products Liability Litigation, 470 F.Supp.2d 917, (S.D. Ind. 2001)
  • In re Bridgestone/Firestone, Inc. Tires Products Liability Litigation, 470 F.Supp.2d 930, (S.D. Ind. 2006)
  • Grynberg v. Shell Exploration B.V., 433 F.Supp.2d 1229, (D.Colo. 2006)
  • Doe v. Roman Catholic Diocese of Galveston-Houston, 408 F.Supp.2d 272, (S.D. Tex. 2005)
  • Urena Taylor v. Daimler Chrysler Corp., 196 F.Supp.2d 428, 2001, (E.D. Tex. 2001)
  • Owens v. Superfos A/S, 170 F.Supp.2d 1188,  (M.D. Ala. 2001)
  • Hanby v. Shell Oil Co., 144 F.Supp.2d 673, (E.D. Tex. 2001)
  • Burleson v. Liggett Group Inc., 111 F.Supp.2d 825, (E.D. Tex. 2000)
  • Ebrahim v. Shell Oil Co., 847 F.Supp. 65, (S.D. Tex. 1994)
  • In re Bridgestone Americas Tire Operations, LLC, 387 S.W.3d 840, (Tex.App.-Beaumont, 2012)
  • Twister B.V. v. Newton Research Partners, LP, 364 S.W.3d 428, (Tex.App.-Dallas, 2012)
  • Ford Motor Co. v. Villanueva, 302 S.W.3d 476, (Tex.App.-Eastland, 2009)
  • New Texas Auto Auction Services, L.P. v. Gomez De Hernandez, 249 S.W.3d 400, (Tex. 2008)
  • Gomez de Hernandez v. Bridgestone/Firestone North American Tire, L.L.C., 204 S.W.3d 473, (Tex.App.-Corpus Christi, 2006)
  • State of Rio De Janeiro of Federative Republic of Brazil v. Philip Morris Inc., 143 S.W.3d 497, (Tex.App.-Beaumont, 2004)
  • Mobil Oil Corp. v. Shores, 128 S.W.3d 718, (Tex.App.-Fort Worth, 2004)
  • Shell Cortez Pipeline Co. v. Shores, 127 S.W.3d 286, (Tex.App.-Fort Worth, 2004)
  • Shell Compania Argentina de Petroleo, S.A. v. Reef Exploration, Inc., 84 S.W.3d 830, (Tex.App.-Hous. [1 Dist.], 2002)
  • In re SWEPI, L.P., 85 S.W.3d 800, (Tex. 2002)
  • Amerada Hess Corp. v. Wood Group Production Technology, 30 S.W.3d 5, (Tex.App.-Hous. [14 Dist.], 2000)

Contact Details


T +1.713.758.2048
F +1.713.615.5766
1001 Fannin Street
Suite 2500
Houston, TX 77002
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Phillip's Practices

  • Louisiana State University Law Center, J.D. with honors, 1986 (Order of Coif; Phi Kappa Phi; Managing Editor, Louisiana Law Review)
  • Louisiana State University, B.S., 1982
  • Admitted to practice: Louisiana; Texas; United States Supreme Court; U.S. Courts for the Southern, Eastern, and Western Districts of Texas and the Eastern, Middle, and Western Districts of Louisiana; District of Colorado; U.S. Court of Appeals for the Fifth Circuit; U.S. Court of Appeals for the Tenth Circuit; U.S. Court of Claims
  • Judicial Clerk to The Honorable Fred A. Blanche, Jr., Louisiana Supreme Court, 1985-1986
  • Chambers USA, Litigation: Energy & Natural Resources (Texas), 2005–2017
  • Legal 500 U.S., Energy: Litigation, 2014 and 2015; Litigation: General Commercial Disputes, 2016
  • The Best Lawyers in America® (Woodward/White, Inc.), in International Arbitration, 2006, 2008, 2010—2012, 2014—2017; in International Trade and Finance Law, 2005–2006, 2008, 2010–2012, 2014—2017; in Commercial Litigation, 2010–2012, 2014—2017
  • "Partner to Know," Global Arbitration Review's GAR 100, 2010
  • Euromoney's Benchmark Litigation, "Local Litigation Star", in Texas, 2017 and 2018 
  • Selected to the Texas Super Lawyers list, Super Lawyers (Thomson Reuters), 2003–2017
  • Selected to the Who’s Who in Energy list, Houston Business Journal, 2015
  • Member, International Bar Association; American Bar Association; Texas Bar Foundation; Maritime Law Association; Association of International Petroleum Negotiators; International Association of Defense Counsel; Defense Research Institute
  • Vice-Chair, Committee on Admiralty and Maritime Law, Tort and Insurance Practice, American Bar Association