OmniTRAX's Arrows Up reports more litigation by US Silica

OmniTRAX Energy Solutions subsidiary Arrows Up has received a plaintiff's petition in the Sandbox Logistics v. Arrows Up case in the 334th Judicial District of Harris County, Texas, demanding title to and possession of frac sand shipping container assets as per an October 2018 judgment.

Arrows Up has obtained a stay and is seeking relief in the Texas Court of Appeals to contest the latest litigation by Sandbox Logistics, a subsidiary of U.S. Silica Holdings, OmniTRAX officials said in a press release.

"We understand that the ongoing litigation between Arrows Up and SandBox may raise concerns for our customers and are committed to being as transparent as possible while we progress through the appeals process. It is our attorney's position that the lower court conversion rights are not enforceable while the appeal process unfolds, so all of our assets remain owned by Arrows Up LLC and we will continue doing business with our customers as usual," said Kevin Shuba, chief executive officer of Arrows Up managing affiliate OmniTRAX Inc.

In July 2018, a jury found in Sandbox's favor in the lawsuit with Arrows Up. On Oct. 2, 2018, the court entered a final judgment in Sandbox's favor, requiring Arrows Up to pay Sandbox $49.2 million in damages. The judgment also declared that all frac sand shipping containers that Arrows Up had manufactured or sold since January 2015 are owned by Sandbox.

In addition to the Texas State Court appeal, Arrows Up continues its federal suit against SandBox to protect its first-in-time superior intellectual property rights, OmniTRAX officials said.