J. Craig Buchan

Representative Experience

Business Disputes and Oil and Gas Litigation

• Obtained dismissal of multimillion-dollar putative class action lawsuit relating to fees charged by a financial institution due to motion practice regarding lack of adequacy of named class representative.
• Currently representing multiple Oklahoma-based and regional banks and credit unions in defending against statewide putative class actions in both Oklahoma and Texas. Allegations include that account holders were assessed fees when the transactions were authorized on a positive balance and settled on a negative balance, that multiple fees were charged on single items, that certain fees were charged which were not authorized by the account agreement, and that fees were assessed on transactions which occurred when positive account balances existed.
• Obtained dismissal of a Fortune 500 midstream energy company in the District Court of Kansas based on lack of subject matter jurisdiction, including denial of a motion to amend to add Clean Air Act claims to invoke federal jurisdiction.
• Successfully defended one of Oklahoma’s largest automobile dealership owners on claims of breach of contract and specific performance on the sale of a dealership under a lease-purchase option. The representation resulted in a settlement that netted the client $1.7 million above the original demand.
• Obtained summary judgment for a publicly traded oil and gas exploration company in the Southern District of Texas discharging oil and gas liens wrongfully filed and in violation of a lien waiver provision in the parties’ master service agreement. The ruling invalidated more than $4 million of liens on the company’s properties.
• Obtained summary judgment for a publicly traded oil and gas exploration company in the Southern District of Texas on the untimeliness of lien filings under Oklahoma law, netting the company a recovery of nearly $1 million.
• Obtained summary judgment for a midstream MLP for breach of contract claims arising from a failure to close a PSA for $47.5 million.
• Successfully represented a regional oil and gas company in a lawsuit against various defendants for violation of a contractual right of first refusal (“ROFR”) in an oil and gas lease. Upon filing a motion for summary judgment, defendants agreed to settle the case.
• Successfully represented one of the nation’s leading healthcare practice management companies on claims of breach of contract and breach of fiduciary duty.
• Significantly involved in the representation of a large regional bank on claims of breach of contract and fraud for the purchase of debt from a large retail company.

Construction Litigation

• Obtained dismissal of fraud and unjust enrichment claims under Rule 12(b)(6) in a large construction dispute for a Fortune 500 midstream energy company in the Northern District of Oklahoma
• Successfully defeated a motion to dismiss a construction case brought on behalf of a large publicly traded pipeline company. The ruling preserved a bargained for venue and choice of law clause in a major construction contract. Successfully defended a roofing manufacturer on claims the product and its installation caused the collapse of a large casino resulting in damages in excess of $25 million.
• Obtained dismissal of all claims against the principal of the company. After nearly four years of litigation, the matter was resolved for nuisance value.
• Obtained a favorable result for a fireproofing company on multimillion-dollar claims of construction defect and breach of contract made by one of the nation’s largest movie theater chains.

Life Sciences, Medical Device and Products Liability

• Served as Oklahoma counsel for an international dialysis manufacturer and healthcare provider on product liability claims asserted by more than 300 plaintiffs in Oklahoma involving personal injury and death. Successfully removed hundreds of plaintiffs and claims to federal court under theories of fraudulent joinder and misjoinder and successfully defended remaining state court claims.
• Served as Oklahoma counsel for a global leader in food safety involving multiple claims of personal injury and wrongful death in Oklahoma state and federal courts stemming from a national outbreak of Listeria. Obtained dismissal of plaintiffs’ claims in the Eastern District of Oklahoma.
• Successfully represented the principal researcher in a multi-plaintiff action alleging numerous healthcare providers and institutions failed to ensure a clinical trial for a cancer vaccine followed federal regulations for human subject protection, resulting in injury and death.
• Obtained a favorable result in favor of a large manufacturer of bovie cautery medical devices on claims of product defect resulting in personal injury.
• Served as Oklahoma counsel for a manufacture of contact lens solution on product liability claims involving allegations of decreased vision and blindness.
• Successfully represented a national provider of anatomic pathology and molecular diagnostic services in multiple cases of professional negligence and wrongful death.
• Obtained a favorable result for a national seat belt manufacturer on product liability claims involving claims of traumatic brain injury and paralysis.
• Obtained a favorable result for a national tool distributor in a product liability case involving significant property damage due to an electrical fire.

Personal Injury and Wrongful Death

• Obtained summary judgment for one of the nation’s largest philanthropic organizations on allegations of sexual abuse.
• Obtained summary judgment for a psychiatrist in a highly publicized case involving multimillion-dollar claims of professional negligence and wrongful death of a minor. Judgment affirmed on appeal.
• Obtained a jury verdict in the Northern District of Oklahoma in favor of a major trucking company involving allegations of personal injury.
• Successfully represented an international beverage company on claims of traumatic brain and catastrophic injury related to a trucking accident.
• Obtained a favorable result for a national philanthropic organization in a case involving catastrophic and permanent injury to a minor.
• Obtained a favorable result for one of the nation’s largest pipeline equipment and services company on claims of personal injury from a transportation accident.
• Obtained summary judgment on behalf of major airline in a federal court case in which plaintiffs alleged they sustained injuries as a result of the operation of an aircraft during an emergency descent.