Ferguson McNiel
Ferguson McNiel is an accomplished litigator with over 40 years’ experience representing companies and individuals in a variety of matters, including energy, construction, professional and commercial disputes. He has experience in both jury trials and arbitration.
Ferguson is a Fellow of the American College of Trial Lawyers, an honor awarded to the top one percent of lawyers in each state. In addition, he is a member of the International Society of Barristers, the American Board of Trial Advocates, and the International Association of Defense Counsel. He is certified by the Texas Board of Legal Specialization in Personal Injury Trial Law and Civil Trial Law.
Ferguson has also been recognized by multiple publications, including Chambers USA, Legal 500, The Best Lawyers in America, and Texas Super Lawyers.
Representative matters
Energy
- Represented the owner of a new gas processing facility being constructed in Canadafor claims against the contractor in an UNCITRAL arbitration.
- Represented an oil company involving claims of breach of contract, fraud, and misappropriation of trade secrets pertaining to leases in a South American country.
- Represented a pipeline owner in a putative class action filed on behalf of property owners claiming that its construction of pipelines caused flooding to occur on their properties.
Commercial
- Successfully tried a case in Delaware Chancery Court on behalf of a racing company in an attempted dissolution of the corporation
- Secured summary judgment for the owner of a regional distribution center, which was affirmed by the Fourteenth Court of Appeals in Houston, that dismissed claims for breach of deed restrictions and nuisance asserted by a neighboring property owner.
- Represented the owner/operator of private toll bridges in an arbitration against claims breach of contract and breach of implied covenant of good faith and fair dealing arising from its construction and operation of a toll bridge.
- Represented a foreign manufacturer of wind turbines used in the generation of electricity.
- Represented a comprehensive provider of waste and environmental services in a suit by various landowners to limit the use of a landfill.
Construction/Professional Malpractice
- Represented a client in a AAA arbitration arising out of engineering work for an underground storage facility in Brazil.
- Represents a major engineering firm against claims of negligence and misrepresentation pertaining to the evaluation of a chemical plant project.
- Represented the owner of a major arts facility asserting claims against the construction contractor.
- Represented a major engineering firm in professional malpractice litigation in Louisiana concerning the design and construction of a chemical plant
- Advised EPC client in a series of construction arbitration demands made during the substantial completion of a chemical plant.
Toxic Torts
- Acted as a trial counsel fora product manufacturer in asbestos cases throughout the state of Texas.
- Represented a major chemical company in agricultural product toxic tort cases involving approximately 25,000 non-U.S. workers who filed suit in various Texas state and federal courts; subsequently represented the same company in similar cases filed by non-U.S. workers in Louisiana and Hawaii federal courts, and in the courts of the Philippines, Nicaragua and Panama; involved in similar cases dismissed from U.S. courts and then refiled in Costa Rica, Honduras, Guatemala, Panama, The Ivory Coast, Burkina Faso, and St. Lucia.
- Secured jury verdict in favor of a major oil and gas company against 8,000 claims arising from alleged chemical emissions from a plant.
Products Liability
- Representing the owner of rail cars in a putative class action in Canada involving personal injury and property damage claims.
- Represented a pharmaceutical company in diet drug litigation by plaintiffs who opted out of a related class action.
- Represented a chemical company against claims filed in Texas by nationwide plaintiffs against multiple defendants for property damage resulting from alleged defects in polybutylene plumbing systems.
- Represented a Fortune 100 consumer products company as its national trial counsel in vinyl chloride litigation in state and federal courts in multiple states.
Recognitions
- Chambers USA, Litigation: General Commercial (Texas), 2003–2020
- Chambers USA, Litigation: General Commercial (Houston), 2020–2023
- Legal 500 U.S., Environment Litigation, 2008−2009; Real Estate: Construction (Including Construction Litigation), 2010−2023
- Selected to
- to the 500 Leading Litigators in America, Lawdragon, 2023 and 2024
- Selected to the Texas Super Lawyers list, Super Lawyers (Thomson Reuters), 2003−2023
Activities
- Fellow: Texas Bar Foundation; Houston Bar Foundation
- Member: Fellow of the American College of Trial Lawyers, International Society of Barristers; American Board of Trial Advocates; International Association of Defense Counsel; American Bar Association; Texas Association of Defense Counsel; Defense Research Institute; Houston Bar Association
Admitted to Practice
- Texas
- U.S. Supreme Court
- U.S. Courts of Appeals for the Second, Third, Fifth, Ninth and Eleventh Circuits
- U.S. District Courts in Texas, Florida, New York, and Delaware.
Additional Insights
- “Extension of Time Clauses and Managing the Independent Delay Expert,” V&E CLE Program, April 4, 2013 (co-presenter)
- “International Construction: Key Issues and Developments,” V&E CLE Program, October 4, 2011 (co-presenter)
- Inside The Minds: Managing Construction Litigation — Leading Lawyers on Organizing Documentation, Developing a Case Strategy, and Overcoming Common Challenges, Thomson Reuters/Aspatore, 2009, “Preparing for Construction Litigation” (co-author)