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Texas Appeals Court Awards Equistar Nothing In Pumps Suit

Law360 (May 16, 2019, 8:44 PM EDT) -- A Texas appellate court said Thursday that neither Equistar Chemicals nor pump-maker ClydeUnion can recover any damages in a dispute over allegedly faulty ethane pumps, wiping out a lower court's $151,000 award to ClydeUnion because of a litigation cost offset.

In an issue of first impression, the Fourteenth Court of Appeals explained how trial courts should apply litigation cost offsets that occur after a settlement offer is rejected in a case that involves counterclaims.

The lower court's award to Equistar Chemicals LP was much less than ClydeUnion DB Ltd.'s settlement offer. Therefore, under Texas rules, ClydeUnion's litigation costs get subtracted from...

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