Structural Metals Inc. v. S&C Electric Co., Fifth Circuit, 2014
Successfully defended an award of damages and attorneys’ fees in connection with claims for breach of express and implied warranties in the sale of industrial equipment that never performed properly.
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.
Greater Houston Partnership v. Abbott, No. 13-0745 (Tex. 2014, pet. filed)
Represent Greater Houston's chamber of commerce before the Texas Supreme Court in a challenge concerning the release of records under the Texas Public Information Act (TPIA). The court has ordered full briefing on the merits.
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.
Jesco Operating, L.P. v. Hess Corporation, 402 S.W.3d 320 (Tex. App.--Houston [14th Dist.] 2013, no pet.)
Successfully defended a take-nothing judgment following a jury trial that defeated a multi-million dollar claim for breach of contract arising out of a pipeline construction dispute.
Settlement of a Trade Secrets Misappropriation Lawsuit
Secured a favorable settlement of a trade secrets misappropriation lawsuit in federal district court in North Carolina. Haynes and Boone represented the plaintiff, a technology company headquartered in Houston. On the third day of the jury trial, the defendants, a former plaintiff executive and his new company, announced their consent to an agreed permanent injunction and agreed to dismiss all of their counterclaims, pay all of plaintiff’s damages, surrender their inventory, and pay a portion of plaintiff’s attorney’s fees. The case involved the misappropriation of the formula for a proprietary catalyst used to treat hydrocarbons at refineries worldwide. The former executive claimed to have independently developed the formula after leaving the company, but shortly before trial began the formula was discovered in a spreadsheet that proved defendants’ claim was untrue.
Fazio v. Cypress/GR Houston I, L.P., 403 S.W.3d 390 (Tex. App.—Houston [1st Dist.] 2013, pet. denied) (en banc)
Persuaded an en banc court to reverse a panel opinion and affirm a take-nothing judgment in favor of a defendant accused of fraudulently inducing the plaintiff to purchase commercial real estate by allegedly failing to disclose material facts regarding the economic condition of the property.
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.
Main v. Royall, 348 S.W.3d 381 (Tex. App.--Dallas 2011, no pet.)
Represented amicus curiae in an interlocutory appeal obtaining reversal of the trial court’s order denying summary judgment on defamation claims against two media defendants regarding the book, Bulldozed: 'Kelo,' Eminent Domain and the American Lust for Land
Jesco v. Hess, No. 2009-45089 (165th Dist. Ct., Harris County, Tex.) (May 2011)
Assisted trial team in preparing and arguing a jury charge, directed verdict motion, and all post-verdict briefing in the trial of a pipeline construction dispute that resulted in a favorable defense verdict on all 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.
Barnes v. Stone Way Limited Partnership, 330 S.W.3d 925 (Tex. App.--Beaumont 2011, no pet.)
In a pro bono
representation, obtained reversal of a default judgment evicting a low-income tenant from her apartment by persuading the court of appeals that the trial court abused its discretion in denying the tenant's motion for a new trial.
Westergren v. National Property Holdings, L.P., No. 2008-36847 (269th Dist. Ct., Harris County, Tex.)
Argued jury charge and persuaded the trial court, through a motion for judgment notwithstanding the verdict (JNOV), to set aside the jury's multi-million dollar verdict and enter a take nothing judgment in a real estate dispute involving claims for breach of contract, fraud and breach of partnership duties.
In the Matter of Asarco L.L.C., 401 Fed. App'x 914 (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.
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.
HMC Hotel Properties II Ltd. Partnership v. Keystone-Texas Property Holding Corp., No.05-CI-14229 (166th Dist. Ct., Bexar County, Tex.)
In a commercial real estate dispute, assisted trial team with strategy, legal briefing, and preparing and arguing the jury charge in a trial that resulted in a favorable judgment of approximately $50 million.
United States ex rel. Abbott v. BP P.L.C., BP America, Inc., BP Exploration and Production, Inc.
Representation of BP in United States ex rel. Abbott v. BP P.L.C., BP America, Inc., BP Exploration and Production, Inc.
(S.D. Tex.), a False Claims Act qui tam
suit involving allegations of false certifications of compliance with regulations governing defendants’ offshore oil and gas leases in the Gulf of Mexico.