Lancer Corporation Derivative Litigation (In re Schmitz)
Appeared before the Texas Supreme Court on an issue of first impression involving the sufficiency of a letter to satisfy pre-suit demand requirements for a shareholder derivative action under the Texas Business Corporation Act. The Texas Supreme Court found the challenged demand letter to be insufficient and ordered the trial court to dismiss the suit.
In re Schmitz, 285 S.W.3d 451 (Tex. 2009)
In re Schmitz, 285 S.W.3d 451 (Tex. 2009)
In a significant victory for businesses that elect to incorporate under the laws of Texas, obtained the first ruling by the Texas Supreme Court on the strict statutory prerequisites for commencing shareholder derivative litigation.
Frozen Food Express Derivative Litigation
Represented special litigation committee of one of the country's largest temperature-controlled transportation services companies in investigating breach of fiduciary duty claims arising from related-party transactions.
Neeley v. West Orange-Cove Consolidated Independent School District, 176 S.W.3d 746 (Tex. 2005)
Persuaded the Texas Supreme Court to strike down the Texas public school finance system on constitutional grounds; this decision was the culmination of a four- and-a-half year effort, including a previous successful appeal to the Texas Supreme Court and a successful five-week bench trial.
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.
Kondos v. Lincoln Property Co., 110 S.W.3d 716 (Tex. App. - Dallas 2003, no pet.)
In a case of first impression under the Telephone Consumer Protection Act, obtained reversal of an order certifying a class of more than 60,000 members who alleged “junk faxing” by a company that owns apartment complexes.
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.
West Orange-Cove Consolidated Independent School District v. Alanis, 107 S.W.3d 558 (Tex. 2003)
Obtained a ruling reinstating a constitutional challenge to Texas’ public school finance system, following the lower courts’ dismissal of the case on ripeness grounds.
Intelect, Inc. Securities Litigation
Successfully opposed class certification in an action brought under Section 10(b) of the Securities Exchange Act of 1934 against a manufacturer of fiber-optic, multi-service access platform products and video communication products arising out of a restatement of the company’s quarterly financial results. The court denied class certification on the ground that the proposed class representatives were inadequate.
Umsted v. Intelect, Inc., 2003 WL 79750 (N.D. Tex. Jan. 7, 2003).
Exxon Corp. v. Lloyds of London, No. 93-40252, (189th Dist. Ct., Harris County, Tex.)
Acted as counsel in charge of legal proceedings (including summary judgments, privilege disputes, removal and remand, and the jury charge) for Exxon Corporation in its suit against Lloyds of London for failure to provide insurance coverage for the grounding of the Valdez; the trial resulted in a judgment for $420 million.
City of Dallas v. Continental Airlines, Inc., 735 S.W.2d 496 (Tex. App. - Dallas 1987, writ denied)
Obtained summary judgment entitling Continental Airlines to fly out of Dallas Love Field and successfully defended that judgment on appeal.
Chapter 11 Representation - ASARCO LLC
Represent the corporate parent of ASARCO LLC, a copper miner and smelter which filed for Chapter 11 bankruptcy protection in Corpus Christi, Texas with approximately $10 billion in claims. Following Chapter 11 filing, ASARCO filed a fraudulent transfer action against Americas Mining Corp., seeking recovery of several billion dollars.