In the News

Haynes and Boone Secures $65.9 Million Verdict for Client ATA

INDIANAPOLIS – A federal court jury deliberated less than three hours in returning a unanimous $65.9 million breach of contract verdict Oct. 19 in favor of Haynes and Boone, LLP client ATA Airlines, Inc. against defendant Federal Express Corporation.

Haynes and Boone represented ATA in a five-day breach of contract trial against Federal Express. The firm took on the case through its handling of the airline's Chapter 11. Ken Broughton, who led the team for ATA, said that, unfortunately, any judgment ATA recovers from FedEx won't revive the airline, but will be distributed to creditors, including former ATA pilots.

Other members of the Haynes and Boone team included Dallas Partner Tom Kurth, Dallas Partner Alan Wright and Houston Associate Francisco Rivero, with additional assistance from Houston Partner Pat Casey and Dallas Associate Sean O'Neill. >>

Haynes and Boone Wins $66 Million Verdict Against Fed Ex for Defunct Airline

When the Indianapolis federal court jury reported that they'd reached a verdict after only three hours of deliberation, Kenneth Broughton of Haynes and Boone was a bit worried. >>



Kenneth E. Broughton

Partner

Houston


1221 McKinney Street
Suite 2100
Houston, 77010
T +1 713.547.2021
F +1 713.236.5507

Áreas de Practica

Educación

  • J.D., Baylor University School of Law, 1981, Associate Editor, Baylor Law Review
  • B.A., Baylor University, 1978, cum laude

Bar Admissions

  • Texas, 1981
  • California, 1991

Court Admissions

  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Southern District of New York

Kenneth Broughton has more than 25 years of experience representing corporate clients and individuals in a broad spectrum of business and employment disputes and litigation. He has represented clients in the following industries: healthcare, banking, oil and gas, waste disposal, technology, and construction, among others.

Ken led the trial team that represented ATA in a five-day breach of contract trial in which a federal court jury returned a unanimous $65.9 million breach of contract verdict against Federal Express Corporation. The National Law Journal ranked the verdict number 27 in its Top 100 Verdicts in 2010.

Selected Client Representations

  • Unanimous jury verdict in defending against $3 million breach of contract, fraud and breach of fiduciary duty claims in Texas state court.
  • First Chair in a breach of contract case where jury awarded $65.9 million.
  • Obtained multi-million dollar judgment in securities fraud litigation.
  • Representing lending institutions and lending syndicates in disputes including derivatives litigation, loan and guaranty agreements, debt collection, debt restructurings, prosecutions to avoid fraudulent transfers, claims of equitable subordination and the defense of lender-liability claims.
  • Multi-million dollar fraud and breach of fiduciary duty lawsuit against a large Mexican bank.
  • Successfully defended a multi-million dollar fraud claim against an aviation company. 
  • Representing financial institutions in major litigation involving natural gas contracts.
  • Successfully prosecuted a $400 million lawsuit involving title to natural gas.
  • Representing various types of commercial clients in suits involving claims for fraudulent transfers, fraud, tortious interference, breach of contract, aiding and abetting fraud, and breach of fiduciary duty.
  • Successfully prosecuted a multi-million dollar fraud and breach of fiduciary duty suit against Mexican agent.
  • Representing companies on breach of contract cases.
  • Numerous lawsuits related to real estate disputes.
  • Representing management in employee disputes including Title VII and ADA.
  • Multi-year breach of contract and construction dispute in Mexican arbitration.
  • Defending lender liability claims.
  • Representing lending institution and trustee in defending against attempts by borrower to obtain injunctive relief and pursuing counterclaims related thereto.
  • Representing hospitals and healthcare organizations in disputes with a variety of third persons.
  • Representing construction companies in disputes with subcontractors.
  • Representing shareholders in disputes with other shareholders.
  • Representing companies in securities litigation disputes.

Honors 

  • Recognized as a Super Lawyer - Business Litigation (2009-2011), Employment & Labor (2011) 

Memberships

  • American Bar Association
  • Houston Bar Association
  • State Bar of Texas
  • Fellow, Texas Bar Foundation
  • California State Bar

Online Publications

01/27/2010 - Federal Court Issues Injunction Requiring Insurer to Advance Defense Costs to Stanford Financial Defendants for DOJ and SEC Proceedings
Yesterday, January 26, 2010, Judge David Hittner of the United States District Court for the Southern District of Texas issued an important opinion in the Stanford Financial case that paves the way for targets of criminal and civil enforcement proceedings to obtain insurance coverage for costs of defending themselves. The decision marks a significant victory for executives who have the misfortune of being caught up in a government prosecution and find themselves otherwise unable to fund their defense.