Passport Health, Inc. v. Travel Med, Inc. and Gina Flaharty (E.D. California - Sacramento, 2011)
Represented franchisor in breach of contract and trademark infringement suit against a franchisee who terminated its agreement. All of the franchisee's claims were dismissed by the court. The court also granted the injunction sought by the franchisor. Following a bench trial on the franchisor's damage claims, the franchisor was awarded more than $400,000 in damages and lost profits and recovery of its attorney's fees.
Total Energy v. Raley and Associates and Paul Cormier, E.D. Texas, 2011
Represented client in architectural malpractice claim against firm that designed and oversaw the installation of pressure vessel tanks in East Texas.
State of Texas v. _____, Denton County Texas, 2011
Represented financial institution in condemnation proceeding. Successfully argued at the Commissioner's hearing for an award well above that initially offered by the State of Texas. The parties entered into a favorable Agreed Judgment prior to trial.
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.
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.
K3C, Inc. et al. v. Bank of America, N.A., 2006 WL 3219811, 204 Fed. Appx. 455 (5th Cir. 2006)
Successfully trying a lawsuit and defending a Fifth Circuit appeal—arising out of the sale of a financial derivative (an interest rate swap)—for a large national bank, defending against claims of fraud, negligent misrepresentation, violation of the DTPA, violation of the Texas Business Opportunity Act, violation of the Bank Holding Company Act, violation of the Texas Securities Act, gross negligence, breach of the implied duty of good faith and fair dealing, and breach of fiduciary duty; obtaining a take-nothing judgment in favor of the client as well as a money judgment on a breach of contract counterclaim and recovery of attorney's fees.
Rmax, Inc. v. Sarnafil , Inc. 2004 WL 2070967 N.D. Tex., 2004.
Obtained successful summary judgment severely limiting recovery by defendant in claim involving alleged product defects, economic loss rule, course of dealing, alleged breach of implied warranty of merchantability, and disclaimers of warranties.
State of Texas v. _______, Dallas County Texas, 2011
Represented financial institution in protecting its secured interest in property during a condemnation matter against its borrower.
Fields v. Financial Security Services, et al.
Obtaining a take-nothing summary judgment for a financing company and individual directors against claims of breach of fiduciary duty, fraud, and other business torts.