In the Matter of Asarco L.L.C., Cause No. 09-41259 (5th Cir. 2010)
Persuaded the Fifth Circuit Court of Appeals to dismiss the appeal of a $3.6 billion bankruptcy plan of reorganization, which was challenged by a competing bidder and the company's union.
In re ASARCO, LLC, No. 05-CV-21207 and related adversary proceedings (Bankr. S.D. Tex.) (confirmation Nov. 13, 2009); Nos. 09-CV-177 and 07-CV-00018 (S.D. Tex.)
In a closely watched multi-billion dollar Chapter 11 restructuring of a copper mining company labeled by the district court as "one of the most successful bankruptcy proceedings in recent history," represented the debtor's parent company and worked with bankruptcy, litigation, and labor teams in contested matters, adversary proceedings, and bankruptcy appeals to the district court and Fifth Circuit. These matters included an $11 billion fraudulent transfer, fiduciary duty, conspiracy and aiding and abetting adversary proceeding; litigation of novel issues pertaining to a long-standing labor dispute and the enforceability of a collective bargaining agreement and its successorship clause; disputes regarding proposed acquisition and auction of the debtor's assets; environmental claims and asbestos liability issues; and successful confirmation of the proposed plan of reorganization by both the bankruptcy court and district court.
Texas Midstream Gas Services, L.L.C. v. City of Grand Prairie, 2008 WL 5000038 (N.D. Tex. Nov. 25, 2008)
Successfully prevented a national natural gas gathering company from obtaining injunctive relief.
In re Cano Petroleum, Inc., 283 S.W.3d 179 (Tex. Jud. Pan. Mult. Lit. April 2, 2008)
Persuaded the Texas Judicial Panel on Multidistrict Litigation to transfer to a single pretrial court numerous suits against an oil and gas operator arising out of wildfires in west Texas.
Rmax, Inc. v. Carlisle Companies, No. 0502610 (298th Dist. Ct., Dallas County, Tex.)
After a weeklong jury trial, obtained a judgment awarding damages for breach of a confidentiality agreement and all attorneys’ fees and expenses, which exceeded $750,000, and collected 100 percent of the judgment amount.
Burnett Ranches, Ltd. v. Cano Petroleum, Inc., No. 9840 (100th Dist. Ct., Carson County, Tex.)
Prevailed on summary judgment through appeal on a million-dollar lease termination claim.
Kondos v. Carrico, No. 02-05-00374-CV, 2007 WL 704587 (Tex. App. - Fort Worth Mar. 8, 2007, pet. denied) (mem. op.)
Obtained an appellate judgment vacating an award of damages and dismissing a suit because the probate court lacked subject-matter jurisdiction over contract claims arising out of a claimed breach of a right of first refusal pertaining to raw land.
Court Dismisses Roly Poly's Officers from Texas Case
Appellate court reversed and rendered judgment, dismissing president and vice president of franchisor from case based on lack of jurisdiction.
Linda Wolf and Julie Reid v. Summers-Wood, L.P. d/b/a Roly Poly Texas, Summers-Wood Management, L.L.C., John W. Summers, and J. Michael Wood; 214 S.W.3d 783 (Tex. App. - Dallas 2007, no pet.).
Wood v. Cendant Corp., Copy. L. Rep. (CCH) ¶29,252 (N.D. Okla. 2006)
Through dispositive motion practice and post-trial briefing, assisted in obtaining a take-nothing judgment in an $80 million copyright infringement suit; successfully defended the judgment on appeal.
Metra United Escalante, L.P. v. Lynd Co., 158 S.W.3d 535 (Tex. App. - San Antonio 2004, no pet.)
Obtained reversal of a temporary injunction - freezing more than $150 million of assets held by real estate investors - based on the Federal Arbitration Act's automatic-stay provision.
Community Initiatives v. Chase Bank of Texas, N.A., et al., 153 S.W.3d 270 (Tex. App. - El Paso 2004, no pet.)
Successfully defended summary judgment on tort claims related to a national financial institution’s business practices.
Community Initiatives, Inc. v. Chase Bank of Texas, 153 S.W.3d 270 (Tex. App. - El Paso 2004, no pet.)
Successfully defended on appeal a summary judgment on tort claims related to a national financial institution’s business practices.
Citizens Nat’l Bank v. Allen Rae Investments, Inc., 142 S.W.3d 459 (Tex. App. - Fort Worth 2004, no pet.)
Won reversal of an award of credit-reputation damages in a lender-liability suit.
Western Oil & Gas JV Inc. v. Castlerock Oil Co., 91 Fed. Appx. 901 (5th Cir. 2003)
In an oil and gas case, successfully defended on appeal an order dismissing fraudulent transfer, unjust enrichment, and conspiracy claims.
Sweet v. Inkjet International Ltd., No. 05-03-00233-CV, 2003 WL 22254695 (Tex. App. - Dallas Oct. 2, 2003, no pet.) (mem. op.)
In a trade secrets and fiduciary duty case that resulted in a multi-million dollar damages award, handled pre-trial matters including the successful defense of an appeal from a temporary injunction, the preparation and argument of the jury charge, all post-verdict briefing, hearings, and judgment formation.
Anderson v. Siemens Corp., 335 F.3d 466 (5th Cir. 2003)
Obtained a reversal of a $7.5 million judgment in a products liability case.
Bonneville Power Admin. v. Mirant Corp. (In re Mirant Corp.), 440 F.3d 238 (5th Cir. 2006)
In an appeal addressing the intersection between the Bankruptcy Code’s automatic stay provision, the debtor’s power over executory contracts, and the Anti-Assignment Act, blocked an effort by a governmental agency to terminate an electric power contract.