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.
Fair Housing Act and Americans with Disabilities Act Judgment - Developer of Multi-Family Housing
Obtained summary judgment in a published decision by Judge Fitzwater finding a duty to defend allegations of discrimination and violations of the Fair Housing Act and Americans with Disabilities Act against a leading developer of multi-family housing.
Recovery of Defense Costs and Indemnification - Professional Wrestling
Represented large professional wrestling company in the recovery of defense costs and indemnification under general liability policies for a lawsuit filed by a former wrestler claiming bodily injury.
Secured full defense and indemnity for asbestos-related suits under multiple liability policies.
Attempt to Obtain Insurance Coverage for Property Damage Lawsuit
Representing oil field services operator in an attempt to obtain insurance coverage for an underlying property damage lawsuit.
Auto Fatality Lawsuit - Leading Food and Beverage Company
Represented a leading food and beverage company in consultation and litigation regarding coverage for a multi-million dollar judgment awarded against the insured in an underlying auto-fatality lawsuit.
Blocked Subpoena Seeking Coverage Information - Fortune 50 Company
Successfully blocked subpoena seeking decades of coverage information from Fortune 50 company.
Bodily Injury Claims - Owner of Nursing and Personal Care Facilities
Represented the owner of nursing and personal care facilities to obtain payment for settlement amounts and defense costs relating to various claims for bodily injury asserted by residents.
Breach of Contract Action - Law Firm
Represented a law firm in defense of a breach of contract action brought by an expert retained by the law firm in an underlying insurance coverage suit.
Civil Lawsuit and Administrative Orders - Independent International Oil and Gas Exploration and Production Company
Obtained payment for defense costs, settlement amounts and costs to comply with EPA Administrative Orders for an independent, international oil and gas exploration and production company in connection with a civil lawsuit and various administrative orders issued by the EPA in connection with alleged groundwater contamination in Montana.
Commercial Property Claims - Manufacturer of Roofing Products
Represented a manufacturer of roofing products and other building materials in first-party commercial property claims asserted in connection with the collapse of a steel silo containing the insured’s product in 2005.
Coverage Consultation - Construction Equipment Manufacturer
Served as buyer’s coverage consultant in acquisition of major construction equipment manufacturer.
Coverage Counsel - Personal Injury Suit
Served as plaintiff’s coverage counsel in personal injury suit against negligent driver.
Coverage Counsel - Wrongful Death Suit
Served as plaintiffs’ coverage counsel in multi-million dollar wrongful death suit resulting from a bus fire.
Coverage Dispute - Provider of On-Demand and Interactive Television Solutions
Represented a leading provider of advanced compression, on-demand and interactive television solutions in a coverage dispute to obtain defense costs and settlement amounts incurred in connection with underlying employment claims.
Coverage Litigation - Global Telecommunications Company
Represented a global telecommunications company in coverage litigation to obtain defense costs and reimbursement of a multi-million dollar arbitration award in an underlying licensing and trade secret dispute.
Coverage Litigation - Independent Oil and Gas Production Company
Obtained a recovery in coverage litigation for an independent oil and gas production company of the cost incurred to relocate a tank battery under a voluntary clean-up cost reimbursement provision found within an oil and gas endorsement in a general liability policy.
Coverage Litigation - Manufacturer of Automotive Lubricants
Represented a leading manufacturer of automotive lubricants and car care products in coverage litigation over the amount of deductible owed under a pollution legal liability policy in connection with five underlying pollution lawsuits.
Declaratory Action Against Liability Insurer - Elevator Manufacturer
Successfully represented elevator manufacturer in declaratory action against liability insurer for denying coverage on a wrongful death claim.
Defamation Suit Against Hospital
Obtained coverage from several liability carriers for defamation suit filed against hospital, despite post-verdict notice and multiple problematic exclusions.
Defense of Home Manufacturer - Personal Injury Action
Obtained hundreds of thousands of dollars in satisfaction of liability carrier’s broken promise to defend home manufacturer in personal injury action.
Dismissal of Claims
Obtained complete dismissal of claims against out-of-state defendant based on lack of personal jurisdiction.
Fair Housing Act Violations - Developer of Multi-Family Housing
Obtained summary judgment finding a duty to defend allegations of violations of the Fair Housing Action in connection with the “property damage” coverage provided by a general liability policy.
First-Party Claims - Multi-Family Housing Developer
Represented a multi-family housing developer in a variety of first-party claims involving multiple properties and losses ranging from soil subsidence to water infiltration/damage.
Insurance Coverage Litigation - Manufacturer of Recycled Wood Composite Building Products
Represented a leading manufacturer of recycled wood composite building products in coverage litigation to recover defense costs and settlement amounts relating to product-defect claims under various umbrella liability policies.
Obtaining Defense Costs and Indemnification - Directors and Officers Liability Policy
Represented technology company in obtaining defense costs and indemnification under a directors and officers liability policy for a class action securities lawsuit and accompanying SEC Investigation.
Multi-Million Dollar Recovery - Oil and Gas Producer
Represented large oil and gas producer in multi-million dollar recovery under general liability policies for environmental liability under CERCLA.
Litigation Challenging Validity of Stranger Owned Life Insurance
Representing major financial institution in litigation challenging the validity of stranger owned life insurance in Texas.
Recovery of Legal Fees - Major Texas Law Firm
Recovered legal fees from large insurance company on behalf of a major Texas law firm hired by the insurer to provide a defense to the insurer’s policyholder.
Recovery - Construction Defects to Multi-Student Housing Project
Represented major real estate developer in recovery under commercial general liability policies for claims arising out of construction defects to a multi-student housing project located at Emory University in Atlanta Georgia.
Obtaining Coverage for Securities Class Action Litigation - Energy Company
Represented energy company in obtaining in excess of $100 million in insurance coverage for underlying securities class action litigation.
Obtaining Insurance Coverage for Lawsuit Involving Unpaid Royalties
Represented major oil company in obtaining insurance coverage for a lawsuit invoving a claim for unpaid royalties by a state government.
Obtaining Insurance Coverage - Law Suit Arising from Oil Well Blow Out
Represented oil field services operator in obtaining insurance coverage for an underlying lawsuit arising out of an oil well blow out.
Property Insurance Claims - New York City Steam Pipe Explosion
Represented major real estate developer in settling claims with its property insurer arising out of the New York City steam pipe explosion.
Obtaining Insurance Coverage - "Blast Fax" Liability Class Action Case
Represented major real estate developer in obtaining insurance coverage for an underlying "blast fax" liability class action case.
Obtaining Property Damage and Business Interruption Benefits
Represented food services company in obtaining property damage and business interruption insurance benefits arising out of Hurricane Katrina.
Recovery for Hotel Chain Operator - Hurricane Damage in Louisiana and Florida
Represented national hotel chain operator in obtaining recovery for property damages and business interruption losses incurred in connection with numerous hotel locations in Louisiana and Florida damaged by Hurricanes Katrina and Wilma.
Recovery - Damage to Multi-Family Housing Project in Galveston, Texas
Represented major real estate developer in recovery under commercial property policies for damage to multi-family housing project located in Galveston Texas damaged by Hurricane Ike.
Recovery of Defense Costs - U.S. Department of Justice Investigation
Represented large property development and management company in the recovery of defense costs under general liability and professional liability policies for an investigation brought by the U.S. Department of Justice for alleged violations of the FHA and ADA.
Liability Coverage for Airplane Crash
Obtained liability coverage for airplane crash despite potentially applicable exclusions.
Recovery for Real Estate Developer - New Orleans
Obtained a multi-million dollar recovery for a leading real estate developer under commercial property policies for damage to a multi-family housing project located in downtown New Orleans damaged by Hurricane Katrina.
Recovery - Multi-Family Housing Project Damage by Fire
Represented major real estate developer in recovery under commercial property policies for damage to multi-family housing project located in Massachusetts damaged by by a fire.
Recovery Under Liability Policy - Nursing Home Operator
Represented regional nursing home operator in obtaining recovery under a nursing home liability policy for an underlying nursing home liability judgment awarding actual and punitive damages against the nursing home operator.
Recovery of Defense Costs and Indemnification - Large Property Development Company
Represented large property development company in the recovery of defense costs and indemnification under general liability policies for property damage occurring at an apartment complex in Denver, Colorado.
Third-Party Claims - Oil and Gas Exploration Services Company
Obtained settlement proceeds after withstanding a motion for summary judgment in the representation of an oil and gas exploration services company in litigation involving coverage for third-party claims for property damage resulting from the blowout of a gas well in west Texas.
Recovery of Defense Costs and Indemification - Student Housing Development
Represented large property development and management company in the recovery of defense costs and indemnification under professional liability policies for property damage occurring at a student housing development on the campus of a major east coast university.
Summary Judgment - Mobile Telecommunications System Supplier
Obtained a published summary judgment for a leading supplier of mobile telecommunications systems finding a duty to defend allegations of “cellular injury” purportedly caused by radio frequency radiation emanating from cell phones asserted in five-class action lawsuits.