Will O. Martin

Will’s practice centers on complex commercial, fraud, and tort litigation across the energy, health care, real estate, construction, and financial sectors. He has represented major energy and transportation companies, financial institutions, and hospitals, as well as a wide range of mid-size and smaller organizations. Will manages all phases of litigation — from crisis response and pre-dispute investigations through trial and appeals.

Prior to joining the firm, Will was an associate in the Mass Torts and Environmental practice group of a large national firm.

Tort/Wrongful Death/Catastrophic Injury Experience:

• Represented a Fortune 500 energy company in litigation arising from a semitruck accident that caused a multicar pileup. Three groups of plaintiffs filed separate suits, which were successfully consolidated into a single action, with contested discovery obtained into the billing practices of the plaintiffs’ medical providers.
• Represented a Fortune 500 construction aggregate manufacturer in a maritime suit alleging that the plaintiff was swept off a barge by shifting sand. Successfully challenged the plaintiff’s Jones Act claims by establishing that the client was not the plaintiff’s employer and could not be liable under the act, resulting in a nuisance-value settlement below anticipated trial costs.
• Represented a Fortune 100 company in a wrongful death and catastrophic burn case arising from a cavern well fire during a snubbing operation. Successfully defended the plant owner using the statutory employer defense under the Texas Workers’ Compensation Act, resulting in a nuisance-value settlement.
• Represented a major chemicals manufacturer in a lawsuit where plaintiff ran himself over with a train while texting and talking on the phone simultaneously. Successfully compelled release of his phone records that proved he was distracted when he fell from the rail car, resulting in a favorable verdict at trial.
• Represented a Fortune 100 energy company in a pipeline explosion resulting from corrosion between two overlapping gas pipelines. Successfully reduced plaintiffs’ claimed damages through targeted discovery and expert investigations, which resulted in nuisance-value settlement less than anticipated trial costs.
• Represented a Fortune 100 energy company in a catastrophic injury and wrongful death case arising from a pipeline explosion caused by corrosion and a failed pig run, where plaintiffs initially demanded more than $2 billion. The defense focused on compelling arbitration and successfully resisting improper pre-arbitration discovery.
• Represented a Fortune 100 energy company in a wrongful death and dismemberment case in Madison County, IL, arising from a crane collapse. Established that the plant owner owed no duty to protect expert crane contractors from their own negligence, resulting in a complete defense victory.
• Represented a major Canadian energy company sued in Texas for wrongful death arising from alleged H₂S exposure. A challenge to personal jurisdiction and venue resulted in dismissal of the Texas claims; co-defendants included HPC Industrial.
• Secured dismissal of plaintiffs’ fraud and statutory claims and defeated class certification in a landlord–tenant dispute involving allegedly toxic well water in Montana. The case resolved with nuisance-value settlements below anticipated trial costs and a tiny fraction of plaintiffs’ original demands.
• Represented the venue in the Astroworld litigation, successfully deposing numerous allegedly injured plaintiffs who could not prove their attendance or injuries, resulting in nonsuits and dismissals.

Commercial/Real Estate/Breach of Contract Experience:

• Represented a major hospital and state agency in a dispute with a third-party jail detainee care manager, securing immediate recovery of funds once the lawsuit was filed.
• Recovered misappropriated funds for a major Montana real estate investment firm after a contractor absconded without performing any work.
• Successfully defended a health insurance consulting firm against threatened claims for breach of contract and breach of fiduciary duty.
• Successfully defended a real estate developer in Fort Bend County, TX, against claims for breach of contract, slander of title, and fraudulent lis pendens.

Pro Bono Experience

• Represented an inmate who was crushed in a steam press while incarcerated in Huntsville, TX. Secured settlement including payment of the statutory maximum amount of indemnity owed by the state of Texas to the negligent guards.