Aguilar v. Heckmann Water Resources, No. 12-06-11697-DCVCLM (293rd Judicial Dist., Dimmit County)
Obtained a remittitur of $105 million and ultimately a full settlement after being hired post-verdict following the largest jury verdict in Texas in 2013. The underlying personal injury lawsuit arose from a vehicle and truck accident and lead to an initial $281 million jury verdict. The case involved intense negotiations with the carrier, a parallel declaratory judgment action, supersedeas bond disputes and post-trial discovery.
Heckmann Water Resources v. Aguilar, No. 04-14-240-CV (Tex. App.—San Antonio, August 13, 2014)(mem. op. setting aside and remanding judgment)
Handled the post-trial and appellate matters arising from the largest verdict in Texas in 2013. Following intense post-trial proceedings and negotiations, the company fully settled all claims arising from this personal injury lawsuit relating to a vehicle and truck accident in the Eagle Ford Shale. The jury initially awarded $281 million in damages, which were later reduced as a result of post-trial motions, including a remittitur of $105 million.
General Capital Group Beteiligungsberatung, GMBH v. AT&T, Inc., 407 S.W.3d 507 (Tex. App.—Dallas 2013, pet. denied)
Haynes and Boone represented AT&T against claims of breach of contract, fraud and quantum meruit brought by a German investment bank (GCG). GCG alleged that AT&T orally promised to pay GCG a 2 percent success fee (approximately $780 million) if A&T successfully acquired T-Mobile. The trial court granted summary judgment for AT&T on the pleadings, dismissing all of GCG’s claims. The Dallas Court of Appeals affirmed the take-nothing judgment in favor of AT&T.
In re AT&T, Inc. Shareholder Derivative Litigation
Represented the directors of AT&T, Inc. in a shareholder derivative lawsuit filed in Dallas County Court at Law, asserting breaches of fiduciary duty under Delaware law. Obtained dismissal of petition for failure by plaintiff to adequately plead futility of a pre-suit demand to the board.
Maersk Drilling USA, Inc. v. Transocean Offshore Deepwater Drilling, Inc., No. 13-43 (U.S. 2013)
Submitted amicus curiae brief in U.S. Supreme Court on behalf of a leading offshore deepwater drilling company in support of petition for writ of certiorari regarding the scope of infringement liability under Section 271(a) of the Patent Act.
Transocean Offshore Deepwater Drilling, Inc. v. Maersk Drilling USA, Inc. (Fed. Cir. 2013)
Submitted amicus curiae brief in Federal Circuit Court of Appeals on behalf of a leading offshore deepwater drilling company seeking clarification of the scope of infringement liability under Section 271(a) of the Patent Act.
Stephen Robert Herring and Michael Herring v. Eileen M. Campbell, As Plan Administrator of Marathon Oil Company Thrift Plan, No. 11-40953 (5th Cir. 2012).
Represented Marathon Oil Company in its appeal of the district court's decision that its plan administrator abused its discretion by defining the term "children" in an ERISA-governed plan to mean biological and legally-adopted children. A deceased plan participant's stepchildren, who had been denied the proceeds of his plan account by the plan administrator, argued that the plan administrator should have considered the state law doctrine of equitable adoption to determine that they were "children" and therefore entitled to the deceased's benefits. The Fifth Circuit issued an opinion reversing the district court's decision, finding that nothing in the plan or ERISA required the plan administrator to incorporate the doctrine of equitable adoption into the plan's definition of "children."
Kenneth Davey v. First Command Financial Services, Inc., No. 3:11-cv-01510-G (N.D. Tex. 2012)
Persuaded federal district court to vacate all punitive damages awarded by an arbitration panel on the grounds that the arbitrators exceeded their powers.
i2 Technologies, Inc. v. Dillards, Cause No. 05-10-01645-CV, 2011 WL 6250787 (Tex. App.—Dallas, Dec. 14, 2011, no pet.) (mem.op.)
After opening appellate briefs were filed, obtained a settlement of a commercial dispute in which the opposing party agreed to accept almost $200 million less than its judgment.
Southwestern Bell Telephone L.P. v. Edwards, No. 05-09-00606-CV, 2011 WL 3672288 (Tex. App.—Dallas Aug. 23, 2011, no pet.)
Persuaded the Dallas Court of Appeals to (1) reverse a jury verdict on race discrimination claims and (2) on cross-appeal, affirm a judgment notwithstanding the verdict on retaliation and hostile work environment claims.
Minnis v. Citrin Holdings, No. 2006-78939 (133rd Dist. Ct., Harris County, Tex.)
In a real estate partnership dispute, assisted plaintiff's trial counsel with post-trial briefing and formation of judgment issues in connection with the entry of $54.6 million judgment in favor of our client.
Brazos River Authority v. GE Ionics, Inc., No W 03 CA 324 (W.D. Tex. 2007)
Served as appellate counsel, including drafting and arguing the jury charge, throughout multi-week federal trial involving fraud, breach of warranty and products liability claims.
Lyrick Studios, Inc. v. Big Idea Productions, Inc., No. 3-02 CV-0034 M (N.D. Tex. 2006)
Assisted the trial team and argued the jury charge at the conclusion of a three-week jury trial on fraud and breach of contract claims resulting in a favorable verdict.
Bores v. Domino's Pizza LLC, 530 F.3d 671 (8th Cir. 2008)
Reversed a summary judgment in favor of a franchisee on contract claims and obtained a take-nothing judgment in favor of the franchisor.
In re Citigroup Global Markets, Inc., No. 08-0289 (Tex. May 13, 2008)
Obtained a favorable settlement after persuading the Texas Supreme Court to grant oral argument in this mandamus proceeding involving the application of a forum selection clause to a nonsignatory under the direct benefits estoppel doctrine.
Bartek v. Siemens Corp., No. GN401814 (200th Dist. Ct., Travis County, Tex.)
Partnered with the trial team and argued the jury charge at the conclusion of a three-week jury trial relating to employee stock options.
Blockbuster Inc. v. C-Span Entertainment, Inc., 276 S.W.3d 482 (Tex. App. - Dallas 2008, pet. granted, judgm't vacated w.r.m.)
In a suit brought by a franchisee, obtained reversal of an adverse $8.5 million judgment and secured an award of $2.5 million for attorneys’ fees and costs.
In re Kimberly Clark Corporation, 228 S.W.3d 480 (Tex. App. - Dallas 2007, orig. proceeding)
Obtained a writ of mandamus ordering a trial court to dissolve its discovery order permitting intrusive environmental testing on defendant’s property.
Positive Software Solutions v. New Century Mortgage, et al., 476 F.3d 278 (5th Cir. 2007), cert. denied, 127 S. Ct. 2943 (2007) (en banc)
In the case that set the standard for vacatur of arbitration awards in the Fifth Circuit, persuaded en banc Fifth Circuit Court of Appeals to reverse order vacating arbitration award in favor of leading nationwide specialty mortgage-banking company, setting standard for vacatur in Fifth Circuit.
Greenpeace, Inc. v. Exxon Mobil Corp., 133 S.W.3d 804 (Tex. App. —Dallas 2004, pet. denied)
Upheld a nationwide temporary injunction preventing illegal and tortious conduct by Greenpeace against ExxonMobil facilities following an unlawful entry by Greenpeace activists at ExxonMobil headquarters.
CIGNA Healthcare of Texas, Inc. v. Pybas, 127 S.W.3d 400 (Tex. App. - Dallas 2004, no pet.)
Successfully defended on appeal a $13 million jury verdict in a wrongful death case.
In re Mirant Corp., 378 F.3d 511 (5th Cir. 2004)
Obtained reversal of district court’s jurisdictional ruling in a Chapter 11 proceeding.
Bolle, Inc. v. American Greetings Corp., 109 S.W.3d 827 (Tex. App. - Dallas 2003, pet. denied)
Successfully defended a judgment setting aside an agreement on the basis of mutual mistake, in a case challenging the application of a contractual release given in one case to unrelated litigation pending in another state.
Exxon Corp. v. Breezevale Ltd., 82 S.W.3d 429 (Tex. App. - Dallas 2002, pet. denied)
Obtained reversal of a $34.3 million judgment based on a jury verdict against an oil company in a suit involving a claimed oral agreement that was held to be barred by the statute of frauds.
Southwest-Tex Leasing Co. v. Denise, No. 11-99-00127-CV, 2000 WL 34235126 (Tex. App. - Eastland 2000, no pet.) (mem. op.)
Reversed a jury verdict on claims of negligence and gross negligence arising from an automobile accident.
Texas Farmers Insurance Co. v. Cameron, 24 S.W.3d 386 (Tex. App. - Dallas 2007, pet. denied)
Upheld on appeal a multi-million jury verdict based on claims of bad faith and insurance code violations.
Panda Energy Corp. v. Heard Energy Corp., No. 05-96-01301-CV, 1998 WL 549032 (Tex. App. - Dallas Aug. 31, 1998, pet denied) (mem. op.)
Won reversal of a summary judgment disposing of a power plant developer’s claims against former affiliates for misappropriation of corporate opportunities.
Panda Energy v. Heard Energy Corp., No. 94-06762-L (193rd Dist. Ct., Dallas County, Tex.)
Served as trial and appellate counsel during three-month trial involving claims for breach of fiduciary duty, fraud, and conspiracy, drafted the jury charge and argued a multi-day charge conference, resulting in a favorable verdict.