ASARCO LLC v. Americas Mining Corp. (In re ASARCO LLC), Adversary No. 07-02011 (S.D. Tex.)
Assisted bankruptcy and tax counsel with briefing and argument of novel issues of law and preservation of error in adversary proceeding between parent company and wholly-owned, "disregarded" entity over ownership of a $50 million tax refund, liability for more than $100 million in post-petition federal income taxes owed under tax sharing agreement, and liability for taxes attributable to $600 million deferred intercompany gain.
Bernstein v. Thomas, 298 S.W.3d 817 (Tex. App.—Dallas, Oct. 13, 2009, no pet.).
Successfully defended on appeal a verdict in favor of purchasers of residential real estate who discovered that the seller failed to disclose substantial latent defects as required by the Texas Property Code, in violation of the Texas Deceptive Trade Practices Act.
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.
Doe v. Brookhaven Country Club, No. 04-10591-D (95th Dist. Ct., Dallas County, Tex.)
Argued a jury charge involving issues of negligence and punitive damages, resulting in a favorable take-nothing judgment.
Exxon Corp. v. Breezevale Ltd., 82 S.W.3d 429 (Tex. App. - Dallas 2002, pet. denied)
Obtained reversal of a $34.3 million judgment based on a jury verdict against an oil company in a suit involving a claimed oral agreement that was held to be barred by the statute of frauds.
Heritage Southwest Medical Group, Inc. v. PacifiCare of Texas, No. 01-05016 (14th Dist. Ct., Dallas County, Tex.)
Served as appellate counsel defending a state district court’s vacatur of an arbitration award.
Heritage Trails Assoc. et al. v. Trinity Indus., Inc., 745 N.W.2d 724 (Iowa 2008)
In a case of first impression, persuaded the Iowa Supreme Court unanimously to hold that a $2.5 million contribution claim was barred under that state's statute of repose for products manufacturers.
Hicks v. Trinity Industries, Inc., No. D-C-07-11221 (44th Dist., Dallas County, 2009)
Obtained favorable rulings on competing motions to exclude expert witnesses in a products liability action.
i2 Technologies, Inc. v. Dillards, Cause No. 05-10-01645-CV, 2011 WL 6250787 (Tex. App.--Dallas, Dec. 14, 2011, no pet.)
After opening appellate briefs were filed, obtained a settlement of a commercial dispute in which the opposing party agreed to accept almost $200 million less than its judgment.
In re Pepsico, Inc., 87 S.W.3d 787 (Tex. App. - Texarkana 2002, orig. proceeding)
Obtained a conditional writ of mandamus ordering a trial court to reinstate a motion to transfer venue.
In the Matter of Liljeberg Enterprises, Inc., 304 F.3d 410 (5th Cir. 2002)
Obtained reversal of a $12 million award in a contract dispute involving severability and cross-default issues implicating the power to assume an executory contract.
Kondos v. Lincoln Property Co., 110 S.W.3d 716 (Tex. App. - Dallas 2003, no pet.)
In a case of first impression under the Telephone Consumer Protection Act, obtained reversal of an order certifying a class of more than 60,000 members who alleged “junk faxing” by a company that owns apartment complexes.
Kurt Torster & GEA Group v. Panda Energy Mgmt., No. 07-10-0442-CV, 2011 Tex. App. LEXIS 1628 (Tex. App.-Amarillo Mar. 7, 2011, pet. denied)
Persuaded the court of appeals to affirm the trial court's refusal to compel arbitration where none of the litigants were signatories to the contract containing the arbitration provision and plaintiffs' tort claims arose from conduct that occurred prior to the execution of the contract. Convinced the Texas Supreme Court to deny review after full briefing.
McCutchin v. Addison Texas Tumbleweed, Inc., No. 05-98-01918-CV, 2001 WL 910940 (Tex. App. - Dallas Aug. 13, 2001, pet. denied) (mem. op.)
Obtained reversal of an adverse $1.2 million judgment in a wrongful eviction case and obtained a $100,000 judgment in favor of our client.
Panda Energy v. Heard Energy Corp., No. 94-06762-L (193rd Dist. Ct., Dallas County, Tex.)
Served as trial and appellate counsel during three-month trial involving claims for breach of fiduciary duty, fraud, and conspiracy, drafted the jury charge and argued a multi-day charge conference, resulting in a favorable verdict.
Positive Software Solutions v. New Century Mortgage, et al., 476 F.3d 278 (5th Cir. 2007), cert. denied, 127 S. Ct. 2943 (2007) (en banc)
In the case that set the standard for vacatur of arbitration awards in the Fifth Circuit, persuaded en banc Fifth Circuit Court of Appeals to reverse order vacating arbitration award in favor of leading nationwide specialty mortgage-banking company, setting standard for vacatur in Fifth Circuit.
Reynolds v. Murphy, 188 S.W.3d 252 (Tex. App. - Fort Worth 2006, pet. denied)
Obtained the first appellate opinion in Texas protecting the First Amendment rights of a newsletter publisher and author to publish general investment advice.
Shaw v. Trinity Highway Products, LLC, No. 05-09-00561-CV, 2010 Tex. App. LEXIS 10046 (Tex. App.-Dallas, Dec. 20, 2010, n.p.h.)
Assisted trial counsel with summary judgment briefing and, after prevailing, defended summary judgment on appeal in a products liability and negligence case involving a Trinity-manufactured guardrail end cap. Trinity’s evidence demonstrated compliance with mandatory safety standards or regulations adopted and promulgated by the federal government under section 82.008 of the Texas Civil Practice and Remedies Code; Appellants did not rebut section 82.008’s presumption of non-liability; and there was no more than a scintilla of causation evidence.
Southern Council of Indus. Workers, Local 2104 v. Housing Authority of the City of Dallas, No. 02-06270-D (95th Dist. Ct., Dallas County, Tex.)
Assisted the trial team in preparing the jury charge and obtaining a take-nothing judgment on behalf of employer in a trial involving multiple employment claims.
Texas First National Bank v. Wu, 347 F. Supp. 2d 389 (S.D. Tex. 2004)
Obtained remand from federal district court to state court in a case involving a dispute by bank officers over control of the bank.
United States ex rel. Williams v. Bell Helicopter Textron Inc., 417 F.3d 450 (5th Cir. 2005)
Obtained a judgment affirming the dismissal of qui tam action under the False Claims Act.
Wheeler v. New Times, Inc., 49 S.W.3d 471 (Tex. App. --Dallas 2001, no pet.)
Persuaded a court of appeals to affirm a summary judgment in favor of media defendants against charges of libel and business disparagement.
Zuffa, LLC v. HDNet MMA 2008 LLC, 262 S.W.3d 446 (Tex. App.-Dallas 2008, orig. proceeding)
Persuaded the Dallas Court of Appeals to grant mandamus relief directing the trial court to stay litigation pending the outcome of Nevada arbitration proceedings between The Ultimate Fighting Championship mixed martial arts fight promoter and fighter Randy Couture.