False Claim & OCSLA Actions Against Major Oil Company (S.Dist. Tex. 2014)
Assumed a lead role in securing a final take-nothing summary judgment in a suit seeking $266 billion and an injunction to shut down a major oil company's offshore platform under the False Claims Act and the Outer Continental Shelf Lands Act, based on purported misrepresentations about the platform designs.
Stouffer v. Union Pacific Railroad Co., 420 S.W.3d 233 (Tex. App.--Dallas 2014, pet. dismissed)
In an interlocutory appeal in a case involving an accident at a railroad crossing, won the reversal of the trial court’s order denying the defendants’ motion to transfer venue and obtained the issuance of the appellate mandate before the venue issue was appealed to the Texas Supreme Court, resulting in the case being transferred to a proper venue.
In re Woodfill, No. 14-14-00648-CV, 2014 WL 4088704 (Tex. App.—Houston [14th Dist.] Aug. 15, 2014, orig. proceeding) (mem. op.)
Defeated a petition for writ of mandamus in the Houston court of appeals that sought to rescind the Houston Equal Rights Ordinance.
Class Action Against Major Refiner (S. Dist. Tex. 2013)
Defeated class certification in lawsuit alleging that owners' property values were diminished by alleged emissions from a refinery and seeking $10 billion in damages.
Belehu v. Lawniczak, No. 14-13-00619-CV (Tex. App.—Houston [14th Dist.] 2013, appeal pending)
Obtained a permissive appeal from a denial of a summary judgment concerning interpretation of liability under the Texas Tort Claims Act as applied to a driver for an independent contractor for a transit authority.
Robinson v. Cason, No. 01-11-00916-CV, 2013 WL 3354651 (Tex. App.—Houston [1st Dist.] July 2, 2013, no pet.) (mem. op.)
Persuaded the court of appeals to affirm a summary judgment enforcing a favorable settlement agreement, which the opposing party had attempted to disavow.
Moody National Buffalo Speedway MT, L.P. v. Sirius Solutions, LLLP, No. 01-12-00047-CV, 2013 WL 3155932 (Tex. App.—Houston [1st Dist.] June 29, 2013, no pet.) (mem. op.)
Successfully defended a judgment awarding damages and attorneys’ fees to a commercial tenant whose landlord failed to restore its offices and refused to return its deposits following Hurricane Ike.
Lyondell Chemical Co. v. Albemarle Corp., 464 Fed. App'x 295 (5th Cir. 2012)
In a Fifth Circuit appeal that ended almost two decades of litigation, successfully defended a district court's allocation under CERCLA of millions of dollars in costs incurred to remediate the "Turtle Bayou" Superfund site in Liberty County, Texas.
Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, 363 S.W.3d 192 (Tex. 2012)
Represented carbon dioxide pipeline in the Texas Supreme Court in eminent domain case that drew state and national attention for its pronouncements on the requirements for a pipeline to become a common carrier.
LHC Nashua Partnership, LTD v. PDNED Sagamore Nashua, LLC, 659 F.3d 450 (5th Cir. 2011)
Won reversal of a $25.5 million jury award in which the Fifth Circuit vacated the damages for alleged lost profits arising out of a contract concerning the transfer of rights to purchase shopping mall property.
Baisden v. I’m Ready Productions, Inc., 693 F.3d 491 (5th Cir. 2012), cert. denied, 568 U.S. _____ (U.S. March 18, 2013)(No. 12-803)
Complete defense victory, including declaratory judgment and substantial award of costs after nine-day federal court jury trial in lawsuit brought by nationally syndicated radio host and book author against production company, DVD distribution company, and national promoter. The Plaintiff had asserted claims for copyright infringement, unfair competition by misappropriation, breach of contract, civil conspiracy, and tortious interference with business relations. Prevailed on appeal before the Fifth Circuit Court of Appeals and responded to Petition for Writ of Certiorari to United States Supreme Court, obtaining denial of petition and final affirmance of verdict in favor of clients.
Homolka v. Clark, 416 Fed. App'x 408 (5th Cir. 2011)
Persuaded the Fifth Circuit to affirm a take-nothing summary judgment that defeated multi-million dollar claims for breach of fiduciary duty and breach of contract based on allegations of a joint venture between the parties.
Insurance Fraud Appeal (Tex. App.-Houston [1st Dist.] 2011)
In the wake of a massive scam involving the sale of counterfeit insurance policies, represented to resolution an insurance company in an appeal from a summary judgment on RICO claims and a jury verdict on fraud, the Lanham Act, and the Texas Insurance Code.
H. v. C. (S.D. Tex.-Houston Div. 2010)
Won a take-nothing summary judgment to defeat a multi-million dollar claim alleging breach of fiduciary duty and breach of contract based on a claim that a joint venture existed between the parties.
Atlas Petroleum Exploration Worldwide, Ltd. v. SeaWolf Oilfield Services, Ltd., No. 2009-04336 (127th Dist. Ct., Harris County, Tex.)
Successfully defended a $27 million default judgment against a Nigerian national and a Nigerian oilfield services company by defeating the defendants' special appearances and motion for new trial.
In re Union Pacific Railroad Co., 294 S.W.3d 589 (Tex. 2009)
In a mandamus proceeding, persuaded the Texas Supreme Court to require a trial court to vacate its order compelling a railroad to produce trade secret information, including its formulas for setting shipping rates.
Union Pacific Railroad Co. v. Legg, No. 03-07-00512-CV, 2009 WL 2476636 (Tex. App. - Austin Aug. 12, 2009, no pet.) (mem. op.)
Prepared pre- and post-trial motions, then successfully defended a judgment on a favorable jury verdict in a railroad crossing collision case, defeating the plaintiffs' challenges to the sufficiency of the evidence and their attack on the trial court's refusal to strike venire members for cause.
Ibarra v. Baker, No. 08-20220, 338 Fed. App'x 457, 2009 WL 2244659 (5th Cir. July 28, 2009)
Persuaded the Fifth Circuit to vacate a district court's findings that two attorneys engaged in misconduct by giving or abiding false testimony.
Kansas City Southern Railway Co. v. Missouri Pacific Railroad, No. 09-06-00255-CV, 2008 WL 2759084 (Tex. App.-Beaumont July 17, 2008, pet. denied) (mem. op.)
Successfully defended on appeal a judgment holding that no indemnity obligation arose from a trackage rights agreement between two railroads.
Navasota Resources, L.P. v. First Source Texas, Inc., 249 S.W.3d 526 (Tex. App.-Waco 2008, pet. denied)
On behalf of an oil and gas exploration company, obtained reversal of an adverse trial court ruling and rendition of an appellate judgment enforcing a preferential right to purchase oil and gas leasehold interests.
Ibarra v. Harris County, Texas, No. 05-20259, 243 Fed. Appx. 830 (5th Cir. June 28, 2007)
In an interlocutory appeal in a civil rights case, won the dismissal of all claims against four law enforcement officers.
Abraham v. Union Pacific Railroad Co., 233 S.W.3d 13 (Tex. App. - Houston [14th Dist.] 2007, pet. denied)
Successfully defended on appeal a take-nothing summary judgment in favor of a railroad based on the inadmissibility of expert testimony, in a case brought under the Federal Employers Liability Act by approximately 300 claimants.
In re Harris County, Texas, No. 05-20404, 240 Fed. Appx. 644 (5th Cir. June 28, 2007)
Persuaded the Fifth Circuit to grant mandamus relief and vacate an order that disqualified the Harris County Attorney’s office from representing Harris County and its law enforcement officers in a civil rights case.
Shrewsbury v. Union Pacific Railroad Co., No. 2007-4723 (327th Dist. Ct., El Paso County, Tex.)
Obtained summary judgment in a bill of review proceeding, defeating a challenge to a favorable default judgment.
Burlington Northern and Santa Fe Railway Co. v. City of Houston, 171 S.W.3d 240 (Tex. App. - Houston [14th Dist.] 2005, no pet.)
Obtained reversal of a judgment denying a railroad's right to condemn property for a proposed rail line, resulting in rendition of a judgment confirming the railroad's right to condemn under the doctrine of federal preemption.
Laredo Medical Group Corp. v. Mireles, 155 S.W.3d 417 (Tex. App. - San Antonio 2004, pet. denied)
Obtained reversal of a $1.5 million judgment in a wrongful termination case against a hospital, based on an error in the jury charge.
Jones v. Union Pacific Railroad Co., No. 14-02-01289-CV, 2004 WL 1688175 (Tex. App. - Houston [14th Dist.] July 29, 2004, pet. denied) (mem. op.)
Successfully defended on appeal a judgment that favored a railroad in a Federal Employers Liability Act case, based on the employee's waiver of his challenges to the jury verdict.
Volkswagen of America v. Ramirez, 159 S.W.3d 897 (Tex. 2004)
In a products liability case, obtained reversal of a nearly $20 million judgment and rendition of a judgment that the plaintiffs take nothing, by persuading the Texas Supreme Court that the testimony of the plaintiffs’ expert witness concerning the cause of an automobile accident was scientifically unreliable.
IP Petroleum Co., Inc. v. Wevanco Energy, L.L.C., 116 S.W.3d 888 (Tex. App. - Houston [1st Dist.] 2003, pet denied)
Won reversal of a judgment in excess of $5 million against an oil and gas company for the alleged breach of a joint operating agreement, resulting in rendition of a take-nothing judgment.
Administaff Companies, Inc. v. New York Joint Board Shirt & Leisurewear Division, 337 F.3d 454 (5th Cir. 2003)
On behalf of the trustee of an employer's bankruptcy estate, successfully defended on appeal a declaratory judgment that the employer's human resources provider complied with the Worker Adjustment and Retraining Notification Act.
N.P., Inc. v. Turboff, 111 S.W.3d 40 (Tex. 2003)
Obtained a unanimous reversal in the Texas Supreme Court of a judgment that denied a property owner recovery of a municipal utility district reimbursement valued at more than $2 million.
Frias v. Atlantic Richfield Co., 104 S.W.3d 925 (Tex. App. - Houston [14th Dist.] 2003, no pet.)
In an appeal in which the key issue was the reliability of an expert's testimony, successfully defended a no-evidence summary judgment against an employee of a petrochemical refinery.
Eureste v. Commission for Lawyer Discipline, 76 S.W.3d 184 (Tex. App. - Houston [14th Dist.] 2002, no pet.)
Acting as Special Assistant Disciplinary Counsel for the State Bar of Texas, successfully defended a judgment sanctioning former a San Antonio City Councilman who, as an attorney, fraudulently obtained payment of millions of dollars in fees.
Montgomery v. O’Quinn, No. 99-47502, (189th Dist. Ct., Harris County, Tex.)
In a breach of contract suit seeking $120 million in damages against an attorney and law firm, assisted trial counsel in formulating trial strategy, took responsibility for all law matters, filed and argued numerous pre-trial motions (including summary judgment motions, motions concerning privilege, and other discovery matters), and prepared the jury charge.
MTIS Ltd. v. Corporation Interamericana de Entretenemienta, S.A. de C.V., 64 S.W.3d 62 (Tex. App. - Houston [14th Dist.] 2001, no pet.)
Successfully defended on appeal an order that dismissed for lack of personal jurisdiction claims concerning a purported agreement to present musical theater productions in Mexico.
El Paso Natural Gas Co. v. Minco Oil & Gas, Inc., 8 S.W.3d 309 (Tex. 1999)
In an appeal of a multi-million dollar award in an oil and gas case, won reversal and rendition of a take-nothing judgment by persuading the Texas Supreme Court to hold that Texas law does not recognize a duty of good faith under Article Two of the Uniform Commercial Code.
Ensley v. Cody Resources, Inc., 171 F.3d 315 (5th Cir. 1999)
In a dispute involving a business acquisition and stock distribution, successfully defended an appellate challenge to a judgment in favor of a broker and consultant for petroleum-related businesses.
Klenk v. Bustamante, 993 S.W.2d 677 (Tex. App. - San Antonio 1998, no pet.)
Through an interlocutory challenge to the trial court’s jurisdiction, obtained pretrial dismissal of all claims against three in-house attorneys at a securities firm.
In re Smith Barney Inc., 975 S.W.2d 593 (Tex. 1998)
In a lawsuit against a securities firm arising from the privatization of government-owned enterprises in Eastern Europe, persuaded the Texas Supreme Court, acting in a mandamus proceeding, to overturn a longstanding limitation on the doctrine of forum non conveniens.
Smith Barney, Inc. v. Settle, No. 13-97-00554-CV, 2000 WL 1146516 (Tex. App. - Corpus Christi May 21, 1998, no pet.)
Won reversal of an order setting a case for trial against a securities firm and obtained rendition of a judgment compelling arbitration.
Highlands Management Co. v. First Interstate Bank of Texas, N.A., 956 S.W.2d 749 (Tex. App. - Houston [14th Dist.] 1997, pet. denied)
Successfully defended on appeal an order enforcing a deed restriction and prohibiting the operation of a sexually-oriented business.