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.
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.
Castillo v. Union Pacific Railroad Co., No. 2008-2084, (327th District Court, El Paso County, Tex.)
Served as appellate counsel on a trial team that achieved a complete take-nothing victory in a personal injury case brought by an independent contractor who alleged more than $3 million in damages. As appellate counsel, drafted the jury charge, argued the charge conference, assisted with error preservation throughout trial, and drafted the final judgment.
Baisden v. I’m Ready Productions, Inc., 693 F.3d 491 (5th Cir. 2012), cert. denied, 133 S.Ct. 1585 (U.S. 2013) (No. 12-803)
In a copyright infringement case, assisted with error preservation and legal briefing, and prepared and argued the jury charge, in a trial that resulted in a take-nothing verdict on all of a novelist's multi-million dollar claims against a group of stage play producers. Prepared briefing in response to appeal to the Fifth Circuit and obtained full affirmance of trial court’s verdict. Prepared response to Petition for Writ of Certiorari to United States Supreme Court and obtained denial of Petition.
Freedom Commc'ns, Inc. v. Coronado, 372 S.W.3d 621 (Tex. 2012)
Participated on team that, on appeal from the denial of a motion for summary judgment in a defamation case against a newspaper, persuaded the Texas Supreme Court to declare an adverse trial court order void and vacate a court of appeals judgment based on the trial judge's admitted acceptance of a bribe.
Poston v. Wachovia Mortgage Corp., No. 14-11-00485-CV, 2012 WL 1606340 (Tex. App.—Houston [14th Dist.] May 8, 2012, pet. denied) (mem. op.)
Successfully defended on appeal a summary judgment awarding more than $500,000 in damages for breach of a promissory note.
TimeGate Studios, Inc. v. SouthPeak Interactive, LLC, 860 F. Supp. 2d 350 (S.D. Tex. 2012)
Persuaded a federal district court to vacate a more than $9 million arbitration award entered against a video game developer under the Federal Arbitration Act because the award violated the essence of the publishing agreement that was the subject of the parties' dispute.
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.
Lentz Engineering, L.C. v. Brown, No. 14-10-00610-CV, 2011 WL 4449655 (Tex. App.—Houston [14th Dist.] Sept. 27, 2011, no pet.) (mem. op.)
Successfully defended on appeal a judgment that a plaintiff take nothing from a real estate investor on plaintiff's breach of contract claim.
Chevron Phillips Chemical Co. LP v. Kingwood CrossRoads, L.P., 346 S.W.3d 37 (Tex. App—Houston [14th Dist.] 2011, pet. denied)
In a real estate appeal following a six-week jury trial, obtained reversal of a trial court judgment that had required client to convey a valuable tract of commercial real estate and to pay $2.9 million in fraud damages to a commercial real estate developer.
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.
Heritage Gulf Coast Properties, Ltd. v. Sandalwood Apartments, Inc., No. 2008-64342 (11th Dist. Ct., Harris County, Tex.)
In a lawsuit alleging multi-million dollar claims arising from commercial real estate disputes, assisted trial team with strategy, prepared and argued successful motions for directed verdict, and prepared and argued the jury charge. The trial resulted in a favorable defense verdict that rejected the opponents' claims for breach of fiduciary duties and fraud by non-disclosure.
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.
State of Texas v. Clark; No. C-35,136; In the 244th District Court of Ector County, Texas.
In a case of first impression, we filed an emergency motion to quash a subpoena that would have put our client, a newspaper reporter, on the witness stand. Our motion was based on the Texas Free Flow of Information Act, the "shield law" enacted in 2009. During hearings on the eve of trial, we persuaded the district attorney and defense counsel to agree that the reporter would not be called to testify.
Big Dog Logistics v. Strategic Impact, 312 S.W.3d 122 (Tex. App.-Houston [14th Dist.] 2010, pet. denied)
In an appeal following a jury trial, obtained reversal of a $2.2 million judgment for alleged breach of a commissions contract between a marketing consultant and our client, a Houston-based company that provides services and solutions to manufacturers, distributors, and shippers with unique logistics needs. The court held there was no evidence that our client entered into the agreement the jury found had been breached.
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.
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.
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.
Pintail Production Co. v. Osprey Petroleum Co., Nos. 13-06-069-CV, 13-06-151-CV, 2006 WL 1030150 (Tex. App. - Corpus Christi Apr. 20, 2006, no pet.) (mem. op.)
In an oil and gas dispute, obtained dismissal of an accelerated appeal and a related petition for writs of injunction and mandamus.