Marty Brimmage is licensed in both Texas and New York and has a diverse commercial litigation, bankruptcy litigation, and trial practice. Using his prior business education and experience, Mr. Brimmage develops litigation strategies and solutions to match the client’s litigation and business objectives. He has tried cases in both federal and state courts and in arbitration proceedings all over Texas and throughout the country.
Mr. Brimmage has experience representing plaintiffs and defendants in complex business litigation matters and debtors, secured lenders, creditor committees, and equity holders in a wide range of bankruptcy-related matters.
Mr. Brimmage was recognized as a Texas Super Lawyer for Business Litigation (2010-2011).
Mr. Brimmage's recent representations include:
- Litigation of Multi-Billion Dollar Contested Bankruptcy Plan Confirmation: Acted as chief litigator with a team of bankruptcy counsel to successfully obtained plan confirmation over the other competing plan after extended confirmation hearing.
- Representation of Oil and Gas Debtors in the Fifth Circuit: In case of first impression before the Fifth Circuit, obtained reversal of the district court's finding that a non-insider creditor's claims could not be recharacterized as equity and affirmation of the bankruptcy court's recharacterization decision.
- Defense of Debtor's Counsel in Post-Confirmation Litigation: Obtained complete dismissal with prejudice of contract, tort, fraud, and malpractice claims alleging more than $70 million in damages in a post-confirmation adversary proceeding while securing more than $2 million in bankruptcy court sanctions against Plaintiffs and Plaintiffs' counsel.
- Prosecution of Fraudulent Transfers and Preference Payments: Acted as chief litigator with a team of bankruptcy counsel to prosecute claims in adversary proceedings.
- Representation of Plan Administrator: Prosecuted various claims in various courts in both Texas and New York.
- Representation of Debtor in a Chapter 15 Contested Matter: Successfully represented a debtor in a Chapter 15 contested matter.
- Opposed Injunctive Relief Against National Natural Gas Gathering Company: Successfully prevented a national natural gas gathering company from obtaining injunctive relief in federal court.
- Representation of Royalty Owner in Title Action: Obtained completed defense verdict and an award of attorneys' fees after a two-week jury trial.
- Plaintiff's Arbitration Award for Commercial Landlord: Obtained an arbitration award granting plaintiff's claims to enforce a long term fully net lease, denying all of defendant's claims and awarding a significant amount of attorneys' fees and expense to plaintiff.
- Plaintiff's Judgment for National Drilling Services Company: Obtained a complete judgment against defendant on breach of contract claims for full amount of damages and attorneys' fees and expenses incurred in prosecuting claims.
- Plaintiff's Judgment for Oil and Gas Company: Obtained and collected a judgment against the defendant seller of oil and gas drilling rigs.
- Plaintiff's Summary Judgment for Commercial Development Landowner: Successfully obtained a plaintiff's summary judgment on declaratory judgment claims and claims to quiet title against a national home builder and the lis pendens it filed regarding a contract for the purchase and development of approximately 200 acres.
- Injunctive Relief for National Retail Franchisor: Successfully represented plaintiff in termination of franchise agreements and securing appropriate injunctive relief to protect the franchisor's intellectual and proprietary property.
- Defendant's Summary Judgment for Commercial Landlord: Obtained a complete defense summary judgment against a commercial tenant on various business tort and contract claims alleging damages of $2.75 million.
- Defendant's Summary Judgment for Independent Oil and Gas Company: Obtained a defense summary judgment on contract claims and liens placed on defendant’s property.
- Defendants' Summary Judgment on Alleged Damages in Excess of $40 Million: Obtained early defense summary judgment for a national retailer before any discovery on multiple business tort and contract claims for alleged damages in excess of $40 million.
- Defendants' Summary Judgment in Shareholder Derivative Action: Obtained a defense summary judgment for a national services company in a shareholder derivative action alleging various business tort (breach of fiduciary duty and others) and contract claims.
- Defendant's Judgment for Attorneys' Fees: Up through the court of appeals, successfully defended a national franchisor against multiple business tort and contract claims for alleged damages in excess of $30 million and obtained a judgment against plaintiffs for the full amount of attorneys' fees and expenses incurred which were in excess of $2.5 million.
Selected Representative Experience
Grossman v. Lothian Oil Incorporated (In re Lothian Oil, Incorporated), 650 F.3d. 539 (5th Cir. 2011)
In a case of first impression, persuaded the Fifth Circuit to reverse the district court's finding that a non-insider creditor's claims could not be recharacterized as equity, and instead affirm the bankruptcy court's recharacterization decision.
TXCO Resources - Newfield Exploration Co.
Representation of Newfield Exploration Co. in purchase of assets in the Maverick Basin of Southwest Texas from TXCO Resources Inc., a San Antonio-based oil and natural gas exploration and development company. Newfield and the Anadarko Petroleum Company purchased substantially all the assets of TXCO for $310 million pursuant to an order of the United States Bankruptcy Court for the Western District of Texas.
Texas Midstream Gas Services, L.L.C. v. City of Grand Prairie, 2008 WL 5000038 (N.D. Tex. Nov. 25, 2008)
Successfully prevented a national natural gas gathering company from obtaining injunctive relief against the institution of a City Ordinance related to natural gas gathering facilities.
Longhorn Associates, LP v. General Motors Corporation (Arbitration Proceeding)
After a week long arbitration hearing before a panel of three arbitrators, obtained an arbitration award: i) granting plaintiff Longhorn’s claims against defendant GM regarding regarding GM’s breaches of the commercial lease with its landlord (Longhorn), ii) denying all of defendant GM’s counterclaims, and iii) awarding in excess of $600,000 in attorneys’ fees and expenses to plaintiff.
Blockbuster Inc. v. C-Span Entertainment, Inc., 276 S.W.3d 482 (Tex. App. - Dallas 2008, pet. granted, judgm't vacated w.r.m.)
In a suit brought by a franchisee, obtained reversal of an adverse $8.5 million judgment and secured an award of $2.5 million for attorneys’ fees and costs.
Rmax, Inc. v. Carlisle Companies, No. 0502610 (298th Dist. Ct., Dallas County, Tex.)
After a weeklong jury trial, obtained a judgment awarding damages for breach of a confidentiality agreement and all attorneys’ fees and expenses, which exceeded $750,000, and collected 100 percent of the judgment amount.