False Claim & OCSLA Actions Against Major Oil Company (S.Dist. Tex. 2014)
Assumed a lead role in securing a final take-nothing summary judgment in a suit seeking $266 billion and an injunction to shut down a major oil company's offshore platform under the False Claims Act and the Outer Continental Shelf Lands Act, based on purported misrepresentations about the platform designs.
In re Fort Worth Star-Telegram, et al, No. 02-14-00144-CV, 2014 WL 3906547 (Tex. App.—Fort Worth, August 12, 2014, no pet. h.)
Represented daily newspaper and three television stations in successful mandamus challenging juvenile court order excluding press and public from hearings in high-profile murder case. In case of first impression, the court of appeals held that Texas statute imposes a duty on juvenile court to open hearings to the public, in cases in which the accused juvenile is at least 14 years old, unless evidence in the record establishes good cause to close a proceeding. The court also held that the press and public have standing to challenge a closure order and that conclusion of the juvenile case in which the closed proceedings occurred did not render the media challenge moot.
Aguilar v. Heckmann Water Resources, No. 12-06-11697-DCVCLM (293rd Judicial Dist., Dimmit County)
Obtained a remittitur of $105 million and ultimately a full settlement after being hired post-verdict following the largest jury verdict in Texas in 2013. The underlying personal injury lawsuit arose from a vehicle and truck accident and lead to an initial $281 million jury verdict. The case involved intense negotiations with the carrier, a parallel declaratory judgment action, supersedeas bond disputes and post-trial discovery.
Heckmann Water Resources v. Aguilar, No. 04-14-240-CV (Tex. App.—San Antonio, August 13, 2014)(mem. op. setting aside and remanding judgment)
Handled the post-trial and appellate matters arising from the largest verdict in Texas in 2013. Following intense post-trial proceedings and negotiations, the company fully settled all claims arising from this personal injury lawsuit relating to a vehicle and truck accident in the Eagle Ford Shale. The jury initially awarded $281 million in damages, which were later reduced as a result of post-trial motions, including a remittitur of $105 million.
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.
In re Woodfill, No. 14-14-00648-CV, 2014 WL 4088704 (Tex. App.—Houston [14th Dist.] Aug. 15, 2014, orig. proceeding) (mem. op.)
Defeated a petition for writ of mandamus in the Houston court of appeals that sought to rescind the Houston Equal Rights Ordinance.
McBride v. Estis Well Service, L.L.C., No. 12-30714 (5th Cir. 2013, 2014)
Submitted amicus curiae briefs on behalf of the Offshore Marine Service Association, the International Association of Drilling Contractors and the American Waterways Operators in support of petition for rehearing en banc regarding availability of punitive damages for claims of unseaworthiness brought by Jones Act seamen and, upon the granting of the petition for rehearing en banc.
Greater Houston Partnership v. Abbott, No. 13-0745 (Tex. 2014, pet. filed)
Represent Greater Houston's chamber of commerce before the Texas Supreme Court in a challenge concerning the release of records under the Texas Public Information Act (TPIA). The court has ordered full briefing on the merits.
Class Action Against Major Refiner (S. Dist. Tex. 2013)
Defeated class certification in lawsuit alleging that owners' property values were diminished by alleged emissions from a refinery and seeking $10 billion in damages.
Jesco Operating, L.P. v. Hess Corporation, 402 S.W.3d 320 (Tex. App.--Houston [14th Dist.] 2013, no pet.)
Successfully defended a take-nothing judgment following a jury trial that defeated a multi-million dollar claim for breach of contract arising out of a pipeline construction dispute.
Belehu v. Lawniczak, No. 14-13-00619-CV (Tex. App.—Houston [14th Dist.] 2013, appeal pending)
Obtained a permissive appeal from a denial of a summary judgment concerning interpretation of liability under the Texas Tort Claims Act as applied to a driver for an independent contractor for a transit authority.
General Capital Group Beteiligungsberatung, GMBH v. AT&T, Inc., 407 S.W.3d 507 (Tex. App.—Dallas 2013, pet. denied)
Haynes and Boone represented AT&T against claims of breach of contract, fraud and quantum meruit brought by a German investment bank (GCG). GCG alleged that AT&T orally promised to pay GCG a 2 percent success fee (approximately $780 million) if A&T successfully acquired T-Mobile. The trial court granted summary judgment for AT&T on the pleadings, dismissing all of GCG’s claims. The Dallas Court of Appeals affirmed the take-nothing judgment in favor of AT&T.
Kimble v. Marvel Enterprises, Inc., 727 F.3d 856 (9th Cir. 2013)
In a case involving the right to produce a Spider-Man role play toy, obtained affirmance of a summary judgment holding that a royalty obligation under a hybrid agreement covering both patent and non-patent claims terminated upon the expiration of the patent.
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.
Moody National Buffalo Speedway MT, L.P. v. Sirius Solutions, LLLP, No. 01-12-00047-CV, 2013 WL 3155932 (Tex. App.—Houston [1st Dist.] June 29, 2013, no pet.) (mem. op.)
Successfully defended a judgment awarding damages and attorneys’ fees to a commercial tenant whose landlord failed to restore its offices and refused to return its deposits following Hurricane Ike.
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.
Fazio v. Cypress/GR Houston I, L.P., 403 S.W.3d 390 (Tex. App.—Houston [1st Dist.] 2013, pet. denied) (en banc)
Persuaded an en banc court to reverse a panel opinion and affirm a take-nothing judgment in favor of a defendant accused of fraudulently inducing the plaintiff to purchase commercial real estate by allegedly failing to disclose material facts regarding the economic condition of the property.
ASARCO, L.L.C. v. Barclays Capital, Inc., 702 F.3d 250 (5th Cir. 2012)
Successfully represented an international copper mining company in Fifth Circuit appeal challenging multi-million bonus claim of debtor's financial advisor.
Maersk Drilling USA, Inc. v. Transocean Offshore Deepwater Drilling, Inc., No. 13-43 (U.S. 2013)
Submitted amicus curiae brief in U.S. Supreme Court on behalf of a leading offshore deepwater drilling company in support of petition for writ of certiorari regarding the scope of infringement liability under Section 271(a) of the Patent Act.
Transocean Offshore Deepwater Drilling, Inc. v. Maersk Drilling USA, Inc. (Fed. Cir. 2013)
Submitted amicus curiae brief in Federal Circuit Court of Appeals on behalf of a leading offshore deepwater drilling company seeking clarification of the scope of infringement liability under Section 271(a) of the Patent Act.
Anti-Lothian Bankruptcy Fraud Committee v. Lothian Oil, Inc., 508 Fed. App'x 352 (5th Cir. 2013)
Represented a group of Chapter 11 debtors in a post-confirmation challenge to the debtors' plan of reorganization and a related claim for disgorgement of fees paid to the debtors' professionals. Successfully defended the plan and professional payments against claims of fraud and professional negligence and obtained complete appellate victories in the U.S. District Court for the Western District of Texas and U.S. Court of Appeals for the Fifth Circuit.
Houston Unlimited Inc. Metal Processing v. Mel Acres Ranch, No. 13-0084 (Tex. 2013)
Submitted amicus curiae brief and presented oral argument on behalf of the Texas Oil & Gas Association in support of a petition for review dealing with the appropriate remedy for harm due to environmental contamination that is subsequently remediated to state agency standards.
Raylon v. Complus Data Innovations Inc., et al.
We represented Complus Data Innovations Inc. in this patent-infringement case filed in the Eastern District of Texas (Davis, C.J.). After winning summary judgment of noninfringement, we appealed the trial court's denial of Rule 11 and Section 285 sanctions to the Federal Circuit, which reversed and remanded to determine attorneys' fees under Rule 11 and to reconsider sanctions under Section 285.
Apple Inc. v. Motorola, Inc., No. 12-1548 (Fed. Cir. 2012)
Submitted amicus curiae brief on behalf of industry leaders in a broad cross-section of American industry urging the Federal Circuit to revisit the reasonable royalty measure of damages in patent infringement cases.
Argo Data Res. Corp. v. Shagrithaya, 380 S.W.3d 249 (Tex. App.—Dallas Aug. 29, 2012, pet. denied)
Obtained reversal and rendition of take-nothing judgment in favor of corporate client on appeal of alleged shareholder oppression claim in which trial court had ordered that corporation be caused to issue an $85 million dividend.
Securities and Exchange Commission v. Bartek, 484 Fed. App'x 949 (5th Cir. 2012)
Defended client Douglas Bartek, the former chairman and CEO of Microtune, Inc. in a stock options backdating case in Federal District Court and the Fifth Circuit Court of Appeals.
RT Jedburg v. American LaFrance LLC
On appeal to federal district court in Delaware, obtained ruling striking liquidated damages provision resulting in take-nothing judgment on $8 million post-confirmation bankruptcy claim related to lease dispute.
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.
Halliburton Energy Services, Inc., vs. Axis Technologies LLC, 95th District Court, Dallas County, Texas, 2012 (No. DC-11-00267-D)
After a two-week trial, secured a judgment awarding Halliburton $713,300 in damages based on a verdict on three claims: trade secret misappropriation; breach of contract and breach of fiduciary duty, based upon an employee's taking of confidential information relating to Halliburton’s frac plug technology; and competition with Halliburton in manufacturing plugs using those trade secrets.
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.
McCoy v. Adams, et al., NO. 048-252036-11 (48th Judicial District, Tarrant County, Tex., April 30, 2012)
Won summary judgment in favor individual defendants on ex-CEO’s claims of breach of fiduciary duty, common law and statutory fraud, and negligent misrepresentation with multi-million-dollar damage allegations; the judgment was not appealed.
Lee v. Marvel Enterprises, Inc. 471 Fed.App'x 14 (2d Cir. 2012), aff'g 765 F. Supp. (S.D.N.Y. 2011)
Represented appellee Marvel Entertainment, LLC in successfully opposing appeal from denial of a non-party's motion to vacate judgment dismissing claims with prejudice, intervene as real party in interest and unseal certain documents.
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.
Lyondell Chemical Co. v. Albemarle Corp., 464 Fed. App'x 295 (5th Cir. 2012)
In a Fifth Circuit appeal that ended almost two decades of litigation, successfully defended a district court's allocation under CERCLA of millions of dollars in costs incurred to remediate the "Turtle Bayou" Superfund site in Liberty County, Texas.
Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, 363 S.W.3d 192 (Tex. 2012)
Represented carbon dioxide pipeline in the Texas Supreme Court in eminent domain case that drew state and national attention for its pronouncements on the requirements for a pipeline to become a common carrier.
Rouse v. Texas Capital Bank, N.A., 394 S.W.3d 1 (Tex. App.—Dallas 2011, no pet.)
Obtained $7 million summary judgment for client bank on guaranty claim.
ITL Int’l, Inc. v. Café Soluble, S.A. (5th Cir. 2012)
An American manufacturer sued an international firm client in district court in Mississippi, seeking a declaratory judgment that the parties’ distribution agreement had terminated, and an anti-suit injunction to prevent our client from suing the manufacturer in Latin America. Persuaded the Fifth Circuit to affirm the dismissal of the case on jurisdictional grounds.
Mars Inc., v. Constenla, S.A., 669 F.3d 493 (5th Cir. 2012)
In a case involving jurisdictional issues as to whether an American manufacturer can sue a foreign distributor in a U.S. court, persuaded the Fifth Circuit to affirm the dismissal of a lawsuit against a Costa Rican distributor brought by Mars, Inc. seeking damages and a foreign anti-suit injunction.
Kenneth Davey v. First Command Financial Services, Inc., No. 3:11-cv-01510-G (N.D. Tex. 2012)
Persuaded federal district court to vacate all punitive damages awarded by an arbitration panel on the grounds that the arbitrators exceeded their powers.
Anland North, L.P., Anland North Commercial, L.P., Anland 10, L.P., and Anland South, L.P. v. Center Operating Company; No. 05-12-00128-CV, 2012 WL 2045371 (Tex. App.—Dallas, no pet.) (mem. op.)
Reversed temporary injunction on ground that agreements concerning parking lot rights were not enforceable as a matter of law, after court of appeals' ruling, opponent dismissed its suit.
i2 Technologies, Inc. v. Dillards, Cause No. 05-10-01645-CV, 2011 WL 6250787 (Tex. App.—Dallas, Dec. 14, 2011, no pet.) (mem.op.)
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.
HMC Hotel Properties II, LP v. Keystone-Texas Property Holding Corp., No. 04-10-00620-CV, 2011 WL 5869608 (Tex. App.–San Antonio Nov. 23, 2011, pet. denied)
In an appeal arising out of a commercial real estate dispute, persuaded the San Antonio Court of Appeals (1) to affirm an approximately $50 million judgment in favor of our client, and (2) in a cross-appeal, to reinstate the jury's $7.5 million punitive damages award that the trial court had declined to incorporate into the judgment. Also persuaded the Texas Supreme Court to deny HMC’s petition for review.
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.
Southwestern Bell Telephone L.P. v. Edwards, No. 05-09-00606-CV, 2011 WL 3672288 (Tex. App.—Dallas Aug. 23, 2011, no pet.)
Persuaded the Dallas Court of Appeals to (1) reverse a jury verdict on race discrimination claims and (2) on cross-appeal, affirm a judgment notwithstanding the verdict on retaliation and hostile work environment claims.
Grossman v. Lothian Oil Incorporated (In re Lothian Oil, Inc.), 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.
Main v. Royall, 348 S.W.3d 381 (Tex. App.--Dallas 2011, no pet.)
Represented amicus curiae in an interlocutory appeal obtaining reversal of the trial court’s order denying summary judgment on defamation claims against two media defendants regarding the book, Bulldozed: 'Kelo,' Eminent Domain and the American Lust for Land
Coble v. State of Texas, No. 10-1271 (U.S. 2011)
Submitted amicus curiae brief in U.S. Supreme Court on behalf of multiple non-profit advocacy associations interested in preserving the integrity of psychiatric testimony on future dangerousness in death penalty cases.
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.
Minnis v. Citrin Holdings, No. 2006-78939 (133rd Dist. Ct., Harris County, Tex.)
In a real estate partnership dispute, assisted plaintiff's trial counsel with post-trial briefing and formation of judgment issues in connection with the entry of $54.6 million judgment in favor of our client.
Midland Cent. Appraisal Dist. v. BP America Production Co., 282 S.W.3d 215 (Tex. App.-Eastland 2009, pet. denied), cert. denied, 2011 U.S. LEXIS 3129 (Apr. 18, 2011)
In the leading case on taxability of crude oil, persuaded the court to construe the Commerce Clause of the U.S. Constitution to hold that oil moving through a tank farm remains in interstate commerce and therefore is not subject to ad valorem taxation. This appellate decision controls the outcome in numerous pending cases in which an appraisal district seeks to tax oil in transit through a pipeline system.
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.
Torster v. Panda Energy Mgmt., No. 07-10-0442-CV, 2011 WL 780522 (Tex. App.—Amarillo Mar. 7, 2011, pet. denied) (mem. op.)
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.
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.
Insurance Fraud Appeal (Tex. App.-Houston [1st Dist.] 2011)
In the wake of a massive scam involving the sale of counterfeit insurance policies, represented to resolution an insurance company in an appeal from a summary judgment on RICO claims and a jury verdict on fraud, the Lanham Act, and the Texas Insurance Code.
Barnes v. Stone Way Limited Partnership, 330 S.W.3d 925 (Tex. App.--Beaumont 2011, no pet.)
In a pro bono
representation, obtained reversal of a default judgment evicting a low-income tenant from her apartment by persuading the court of appeals that the trial court abused its discretion in denying the tenant's motion for a new trial.
Westergren v. National Property Holdings, L.P., No. 2008-36847 (269th Dist. Ct., Harris County, Tex.)
Argued jury charge and persuaded the trial court, through a motion for judgment notwithstanding the verdict (JNOV), to set aside the jury's multi-million dollar verdict and enter a take nothing judgment in a real estate dispute involving claims for breach of contract, fraud and breach of partnership duties.
In the Matter of Asarco L.L.C., 401 Fed. App'x 914 (5th Cir. 2010)
Persuaded the Fifth Circuit Court of Appeals to dismiss the appeal of a $3.6 billion bankruptcy plan of reorganization, which was challenged by a competing bidder and the company's union.
McMillan v. Richmond, 400 F. App’x 878 (5th Cir. 2010)
Persuaded the Fifth Circuit to reverse the dismissal of a pro se plaintiff’s Section 1983 civil rights claim.
United States of America v. Hoeffner, No. 4:07-cr-00263 (S.D.-Houston Div. 2010)
Following a 15-count indictment charging him with conspiracy, mail fraud, wire fraud and money laundering, we represented a prominent lawyer, who had recovered millions of dollars for his clients in toxic tort lawsuits. The indictment alleged payment of bribes and kickbacks to two employees of an insurance company in connection with the settlements of these lawsuits. After a 6-week trial, the judge declared a mistrial when the jury was unable to reach a unanimous verdict. The case involved thousands of documents, more than 30 witnesses, and numerous complex motions.
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.
Positive Software Solutions, Inc. v. Ophelia Camina, 619 F.3d 458 (5th Cir. 2010)
Obtained reversal of order sanctioning accomplished counsel at national law firm. The Fifth Circuit held that the district court had no inherent authority to sanction counsel for conduct occurring during arbitration.
Brazos River Authority v. GE Ionics, Inc., No W 03 CA 324 (W.D. Tex. 2007)
Served as appellate counsel, including drafting and arguing the jury charge, throughout multi-week federal trial involving fraud, breach of warranty and products liability claims.
H. v. C. (S.D. Tex.-Houston Div. 2010)
Won a take-nothing summary judgment to defeat a multi-million dollar claim alleging breach of fiduciary duty and breach of contract based on a claim that a joint venture existed between the parties.
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.
Bell v. American Traffic Solutions, Inc., No. 09-10722, 2010 U.S. App. LEXIS 6001 (5th Cir. Mar. 23, 2010)
Defended red-light camera company in federal class action challenging failure to obtain Texas private investigator license, alleging negligence per se, and seeking monetary and injunctive relief. Obtained dismissal of the putative class action claim brought against the installer and operator of red light cameras based on the plaintiffs' lack of standing. Haynes and Boone's appellate team later persuaded the Fifth Circuit to affirm the dismissal.
HMC Hotel Properties II Ltd. Partnership v. Keystone-Texas Property Holding Corp., No.05-CI-14229 (166th Dist. Ct., Bexar County, Tex.)
In a commercial real estate dispute, assisted trial team with strategy, legal briefing, and preparing and arguing the jury charge in a trial that resulted in a favorable judgment of approximately $50 million.
Miga v. Jensen, No. 07-0123 (Tex. 2008)
Submitted amicus curiae brief on behalf of expert on law of remedies, urging Texas Supreme Court to reject petitioner’s position on restitution law.
In re Dorman, No. 14-10-00024-CV, 2010 WL 98710 (Tex. App.—Houston [14th Dist.] Jan. 12, 2010], orig. proceeding) (mem. op.)
In a mandamus proceeding involving a dispute over the construction of the Texas Election Code, successfully defended the trial court’s removal from the ballot of a candidate for Harris County District Clerk.
Whirlpool v. Camacho, 298 S.W.3d 631 (Tex. 2009)
Obtained reversal from the Texas Supreme Court of a $14 million products liability judgment arising out of a fire because the plaintiffs’ expert’s causation testimony was scientifically unreliable. The Court held that both Texas tests for reliability – the “analytical gap” test and the Robinson
-factor test – typically should be used in evaluating expert testimony, and that an expert must offer a convincing explanation for failing to test critical aspects of his theories when such testing is possible.
In re ASARCO, LLC, No. 05-CV-21207 and related adversary proceedings (Bankr. S.D. Tex.) (confirmation Nov. 13, 2009); Nos. 09-CV-177 and 07-CV-00018 (S.D. Tex.)
In a closely watched multi-billion dollar Chapter 11 restructuring of a copper mining company labeled by the district court as "one of the most successful bankruptcy proceedings in recent history," represented the debtor's parent company and worked with bankruptcy, litigation, and labor teams in contested matters, adversary proceedings, and bankruptcy appeals to the district court and Fifth Circuit. These matters included an $11 billion fraudulent transfer, fiduciary duty, conspiracy and aiding and abetting adversary proceeding; litigation of novel issues pertaining to a long-standing labor dispute and the enforceability of a collective bargaining agreement and its successorship clause; disputes regarding proposed acquisition and auction of the debtor's assets; environmental claims and asbestos liability issues; and successful confirmation of the proposed plan of reorganization by both the bankruptcy court and district court.
Amber Wilson v. Baylor Medical Center Irving, et al, No. 08-12603 (162nd Dist. Ct., Dallas County, Tex.)
Obtained dismissal of medical malpractice claims against Baylor Medical Center at Irving on the basis of immunity conferred by new Texas Health & Safety Code provisions. Secured dismissal of all claims against hospital on the basis of lack of actual notice and no waiver of immunity by use of tangible personal property under the Texas Tort Claims Act, and dismissal of hospital employees on the basis of the Act's “election of remedies” provision.
Blackwell v. Donruss, No. 141-199980-03 (141st Dist. Ct., Tarrant County, Tex.), 300 S.W.3d 451 (Tex. App.-Fort Worth 2009, pet. denied).
Following a jury trial, won a take-nothing judgment notwithstanding the verdict on a multi-million dollar claim for an alleged breach of an oral agreement, which was affirmed on appeal.
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.
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.
In re Union Pacific Railroad Co., 294 S.W.3d 589 (Tex. 2009)
In a mandamus proceeding, persuaded the Texas Supreme Court to require a trial court to vacate its order compelling a railroad to produce trade secret information, including its formulas for setting shipping rates.
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.
In re Schmitz, 285 S.W.3d 451 (Tex. 2009)
In a significant victory for businesses that elect to incorporate under the laws of Texas, obtained the first ruling by the Texas Supreme Court on the strict statutory prerequisites for commencing shareholder derivative litigation. Clarified that a shareholder demand letter must provide meaningful notice of a corporation’s supposed wrongdoing.
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.
5436 LLC v. CBS Corp., Civ. A. No. H-08-3097 (S.D. Tex. Feb. 19, 2009)
Persuaded a federal district court to deny a defendant’s motion to dismiss CERCLA claims for lack of subject matter jurisdiction or to compel arbitration.
National Bank Litigation (2008)
Secured $411 million summary judgment in favor of the bank for a gas company’s conversion of 55 Bcf of natural gas in which the bank held a security interest. The judgment was based on claims of breach of a bailment agreement, conversion, trover, detinue, return of property and replevin and rejected misrepresentation counterclaims. The 2008 judgment, which was affirmed on appeal, was the culmination of litigation that began in Texas in 2002 and wound its way through several courts in Texas and New York. A favorable settlement was achieved.
Lyrick Studios, Inc. v. Big Idea Productions, Inc., No. 3-02 CV-0034 M (N.D. Tex. 2006)
Assisted the trial team and argued the jury charge at the conclusion of a three-week jury trial on fraud and breach of contract claims resulting in a favorable verdict.
Kaiser-Francis Oil Co. v. State of Oklahoma ex rel. Commissioners of the Land Office, 294 Fed. Appx. 900 (5th Cir. 2008)
Persuaded Fifth Circuit to affirm bankruptcy court's dismissal of adversary proceeding, in which we successfully established that our client's oil and gas claims had not been discharged through a prior bankruptcy plan.
Max Duncan Family Investments, Ltd. v. NTFN Inc., 267 S.W.3d 447 (Tex. App.-Dallas 2008, pet. denied)
In a case involving a real estate lien against company property, successfully defended a summary judgment on appeal and obtained a full award of attorneys’ fees.
Citigroup Global Markets, Inc. v. Brown, 261 S.W.3d 394 (Tex. App.–Houston [14th Dist.] 2008, orig. proceeding)
In a consolidated appeal and original proceeding, obtained a writ of mandamus directing the trial court to compel the arbitration of claims against a brokerage firm in the face of plaintiffs’ mental incapacity defense.
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.
Thomas Michael Wilson v. Baylor Health Care System, et al, No. 07-01018-E (101st Dist. Ct., Dallas County, Tex.)
Obtained dismissal of medical malpractice claims against Baylor Health Care System and Baylor Medical Center at Irving on the basis of immunity conferred by new Texas Health & Safety Code provisions, and asserted “election of remedies” defenses under the Texas Tort Claims Act on behalf of hospital employees, leading to their dismissal.
Bores v. Domino's Pizza LLC, 530 F.3d 671 (8th Cir. 2008)
Reversed a summary judgment in favor of a franchisee on contract claims and obtained a take-nothing judgment in favor of the franchisor.
In re Citigroup Global Markets, Inc., No. 08-0289 (Tex. May 13, 2008)
Obtained a favorable settlement after persuading the Texas Supreme Court to grant oral argument in this mandamus proceeding involving the application of a forum selection clause to a nonsignatory under the direct benefits estoppel doctrine.
H&M Oil & Gas L.L.C. v. Brazos 440 Partners, L.P., 386 B.R. 631 (W.D.Tex. 2008)
Successfully obtained dismissal of a creditor's bankruptcy appeal on standing and mootness grounds.
In re Cano Petroleum, Inc., 283 S.W.3d 179 (Tex. Jud. Pan. Mult. Lit. April 2, 2008)
Persuaded the Texas Judicial Panel on Multidistrict Litigation to transfer to a single pretrial court numerous suits against an oil and gas operator arising out of wildfires in west Texas.
Thermacor Process, LP v. BASF Corp., 567 F.3d 736 (5th Cir. 2009)
Won summary judgment in a case involving fraud, negligent misrepresentation, and DTPA claims and alleged damages in excess of $10 million, and successfully defended the summary judgment on appeal.
Bartek v. Siemens Corp., No. GN401814 (200th Dist. Ct., Travis County, Tex.)
Partnered with the trial team and argued the jury charge at the conclusion of a three-week jury trial relating to employee stock options.
Navasota Resources, L.P. v. First Source Texas, Inc., 249 S.W.3d 526 (Tex. App.-Waco 2008, pet. denied)
On behalf of an oil and gas exploration company, obtained reversal of an adverse trial court ruling and rendition of an appellate judgment enforcing a preferential right to purchase oil and gas leasehold interests.
Adelphia Communications v. Bank of America, 1:03-md-01529-LMM (S.D.N.Y.)
Represented one of the nation's largest lending institutions in a $10 billion adversary proceeding stemming from the Adelphia Communications Corporation bankruptcy, including handling multiple appeals to the Southern District of New York and the Second Circuit Court of Appeals.
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.
Williams v. Williams, 246 S.W.3d 207 (Tex. App. - Houston [14th Dist.] 2007, no pet.)
Successfully appealed a judgment dividing a marital estate by persuading the court of appeals that the trial court misinterpreted the parties’ premarital agreement.
Ibarra v. Harris County, Texas, No. 05-20259, 243 Fed. Appx. 830 (5th Cir. June 28, 2007)
In an interlocutory appeal in a civil rights case, won the dismissal of all claims against four law enforcement officers.
In re Kimberly Clark Corporation, 228 S.W.3d 480 (Tex. App. - Dallas 2007, orig. proceeding)
Obtained a writ of mandamus ordering a trial court to dissolve its discovery order permitting intrusive environmental testing on defendant’s property.
Burnett Ranches, Ltd. v. Cano Petroleum, Inc., No. 9840 (100th Dist. Ct., Carson County, Tex.)
Prevailed on summary judgment through appeal on a million-dollar lease termination claim.
Abraham v. Union Pacific Railroad Co., 233 S.W.3d 13 (Tex. App. - Houston [14th Dist.] 2007, pet. denied)
Successfully defended on appeal a take-nothing summary judgment in favor of a railroad based on the inadmissibility of expert testimony, in a case brought under the Federal Employers Liability Act by approximately 300 claimants.
In re Harris County, Texas, No. 05-20404, 240 Fed. Appx. 644 (5th Cir. June 28, 2007)
Persuaded the Fifth Circuit to grant mandamus relief and vacate an order that disqualified the Harris County Attorney’s office from representing Harris County and its law enforcement officers in a civil rights case.
Neeley v. West Orange-Cove Consolidated Independent School District, 228 S.W.3d 864 (Tex. App. - Austin 2007, pet. denied)
Upheld on appeal a multi-million dollar award of attorneys’ fees in a school finance case, in the face of the State’s Declaratory Judgment Act challenges.
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.
7979 Airport Garage, L.L.C. v. Dollar Rent A Car Systems, Inc., 245 S.W.3d 488 (Tex. App. - Houston [14th Dist.] 2007, pet. denied)
Assisted trial counsel with the jury charge, legal briefing, and issues relating to judgment formation in a commercial real estate dispute involving successful contract and warranty claims and the defense of fraud and estoppel counterclaims, and litigated at trial and on appeal issues relating to the segregation and recoverability of attorneys’ fees.
Grey Global v. CROSSMARK, No. 116004/2006 (N.Y. Sup. Ct., April 6, 2007)
In the New York Supreme Court, Commercial Division, obtained full dismissal of a contract and fiduciary duty lawsuit in deference to the first-filed action in Texas.
Kondos v. Carrico, No. 02-05-00374-CV, 2007 WL 704587 (Tex. App. - Fort Worth Mar. 8, 2007, pet. denied) (mem. op.)
Obtained an appellate judgment vacating an award of damages and dismissing a suit because the probate court lacked subject-matter jurisdiction over contract claims arising out of a claimed breach of a right of first refusal pertaining to raw land.
Broesche v. Jacobson, 218 S.W.3d 267 (Tex. App. - Houston [14th Dist.] 2007, pet. denied)
Successfully defended on appeal a summary judgment, sanctions order, and fee award for an interpleading party in a dispute over the interpretation of a divorce decree.
In re SCS, No. 06-0129 (Tex.); In re Marriage of DIS and SCS, No 2005-45073 (310th Dist. Ct., Harris County)
In a divorce case involving simultaneous proceedings in Texas and California, defended against a mandamus petition in the Texas Supreme Court challenging a choice of forum under the Uniform Interstate Family Support Act, and provided pre-trial analysis and briefing on legal issues and strategies in both the Texas and California trial courts, resulting in a favorable settlement shortly before trial.
In re Schoelpple, 14-06-01038-CV, 2007 WL 431877 (Tex. App. - Houston [14th Dist.] Feb. 8, 2007, orig. proceeding) (mem. op.)
Successfully defended a challenge by mandamus to an order granting a grandparent access to his four-year old grandchild; in a rare departure from the customary summary denial, the court of appeals issued a five-page memorandum opinion denying the petition and affirming the grandparent’s right of access.
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.
Chase Medical v. CHF Technologies, No. 3:04-cv-02570 (N.D. Tex. 2007)
On behalf of a company that supplies products used in ventricular heart reconstructive surgery, assisted in preserving error and preparing the jury charge in a patent infringement suit, resulting in a $2 million judgment as well as an injunction against the use or sale of the infringing product.
Kent v. Baylor Medical Center Irving, No. 04-08723-D (95th Dist. Ct., Dallas County, Tex.)
Represented a health care client asserting Texas Tort Claims Act defenses and defended against constitutional challenges to statutes designating the client as a governmental unit.
Hollar v. Brackenridge Hospital, No. GN502643 (200th Dist. Ct., Travis County, Tex.)
As lead appellate counsel, led the trial team’s efforts that resulted in the pre-trial dismissal of medical malpractice claims against a health care provider on the basis of governmental immunity conferred by new Texas Health & Safety Code provisions, and successfully defended against a constitutional challenge to statutory immunity provisions.
Brooks v. Chevron USA Inc., No. 13-05-00029-CV, 2006 WL 1431227 (Tex. App. - Corpus Christi May 25, 2006, pet. denied) (mem. op.)
Successfully defended a major energy company in a case alleging environmental contamination of a residential neighborhood, and successfully defended the trial court's dismissal order on appeal.
GMC v. Kitty Hawk, Inc., 204 Fed. Appx. 341 (5th Cir. 2006)
Successfully defended an order dismissing an untimely appeal from a bankruptcy court ruling.
Jones v. Brass, No. 99-01743 (113th Dist. Ct., Harris County, Tex.)
Obtained reinstatement of the plaintiff’s claims following an adverse summary judgment, won summary judgment for the plaintiff dismissing one defendant’s counterclaims, successfully defeated an interlocutory appeal by two out-of-state defendants of the trial court’s denial of their special appearance, and ultimately achieved a very favorable settlement for the plaintiff in a breach of a commercial contract, fraudulent transfer and conspiracy case.
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.
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.
Jim Wells County v. El Paso Production Oil & Gas Co., 189 S.W.3d 861 (Tex. App. - Houston [1st Dist.] 2006, pet. denied)
Persuaded the Texas Supreme Court to transfer 19 appeals pending in two courts of appeals to a third court of appeals, and successfully defended the trial court’s dismissal of 19 ad valorem taxing suits alleging fraud and negligent misrepresentation against scores of oil companies, where the taxing units filed the suits in district court in an attempt to circumvent the Tax Code administrative process and without exhausting their administrative remedies.
Harvest House Publishers v. The Local Church, 190 S.W.3d 204 (Tex. App. - Houston [1st Dist.] 2006, pet. denied)
In an interlocutory appeal following the trial court’s denial of summary judgment, obtained rendition of a take-nothing judgment for a media defendant in a defamation case.
Wood v. Cendant Corp., Copy. L. Rep. (CCH) ¶29,252 (N.D. Okla. 2006)
Through dispositive motion practice and post-trial briefing, assisted in obtaining a take-nothing judgment in an $80 million copyright infringement suit; successfully defended the judgment on appeal.
In re Tyco Electronics Power Systems, No. 05-04-01808-CV, 2005 WL 237232 (Tex. App. --Dallas Feb. 2, 2005, orig. proceeding) (not designated for publication)
In a mandamus proceeding in the Dallas Court of Appeals and the Texas Supreme Court, litigated the enforceability of a forum selection clause contained in an employment non-compete agreement.
Neeley v. West Orange-Cove Consolidated Independent School District, 176 S.W.3d 746 (Tex. 2005)
Persuaded the Texas Supreme Court to strike down the Texas public school finance system on constitutional grounds; this decision was the culmination of a four- and-a-half year effort, including a previous successful appeal to the Texas Supreme Court and a successful five-week bench trial.
BMG Direct Marketing, Inc. v. Peake, 178 S.W.3d 763 (Tex. 2005)
Won reversal of an order that certified a class of hundreds of thousands of Texas-based music club members who sought recovery of late fees paid on their compact disc purchases.
Trigeant Holdings, Ltd. v. Jones, 183 S.W.3d 717 (Tex. App. - Houston [1st Dist.] 2005, pet. denied)
Successfully defended two out-of-state entities’ interlocutory appeal of the denial of their special appearances by persuading the court of appeals that the entities committed acts in Texas for which they were potentially liable under the Uniform Fraudulent Transfer Act.
Schott Glas v. Adame, 178 S.W.3d 307 (Tex. App. - Houston [14th Dist.] 2005, pet. denied)
Obtained reversal of an order denying a special appearance resulting in the dismissal of an action brought by thousands of plaintiffs against a major German manufacturer.
National Collegiate Athletic Association v. Yeo, 171 S.W.3d 863 (Tex. 2005)
In a case involving a collegiate athlete’s eligibility to participate in a swimming competition, persuaded the Texas Supreme Court to expressly disapprove of the lower courts’ conclusion that the NCAA had no right to intervene in the litigation; the opinion significantly strengthened the NCAA’s hand in ensuring that its interests and the interests of its member-institutions are protected in athlete eligibility litigation across the country.
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.
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.
In re C-Span Entertainment, Inc., 162 S.W.3d 422 (Tex. App.—Dallas 2005, orig. proceeding)
Upheld a contractual jury waiver provision in mandamus proceedings.
Texas First National Bank v. Ng, 167 S.W.3d 842 (Tex. App. - Houston [14th Dist.] 2005, pet. granted, judgment vacated w.r.m.)
Successfully appealed a partially adverse judgment and defeated a cross-appeal after a jury trial in a breach of fiduciary duty case.
Tenet Healthcare Corp. v. Texas Health Choice, No. 3:02-CV-1940-N (N.D. Tex. 2003); No. 03-10545 (5th Cir. 2004)
Successfully represented a health care client in the Fifth Circuit in a case that involved a question of first impression: whether the Medicare Act and the Federal Employees Health Benefits Act preempt a state court lawsuit concerning insurance reimbursement contracts between private parties, warranting removal to federal court.
Metra United Escalante, L.P. v. Lynd Co., 158 S.W.3d 535 (Tex. App. - San Antonio 2004, no pet.)
Obtained reversal of a temporary injunction - freezing more than $150 million of assets held by real estate investors - based on the Federal Arbitration Act's automatic-stay provision.
Community Initiatives v. Chase Bank of Texas, N.A., et al., 153 S.W.3d 270 (Tex. App. - El Paso 2004, no pet.)
Successfully defended summary judgment on tort claims related to a national financial institution’s business practices.
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.
Tribble & Stephens Co. v. RGM Constructors, LP, 154 S.W.3d 639 (Tex. App. - Houston [14th Dist.] 2004, pet. denied)
Obtained reversal of a summary judgment in dispute over interpretation of a construction contract.
United States ex rel Graves v. ITT Educational Services, Inc., 111 Fed. Appx. 296 (5th Cir. 2004)
Successfully defended on appeal a district court’s dismissal of a case raising novel issues of law under the False Claims Act.
Laredo Medical Group Corp. v. Mireles, 155 S.W.3d 417 (Tex. App. - San Antonio 2004, pet. denied)
Obtained reversal of a $1.5 million judgment in a wrongful termination case against a hospital, based on an error in the jury charge.
Millichamp v. Baylor Univ. Med. Center, No. 01-01793-E (101st Dist. Ct., Dallas County, Tex.)
Persuaded the trial court to set aside a $7.5 million punitive damages award in a case that involved complex jury charge issues including the submission of settling co-defendants and complex judgment formation issues involving settlement credits.
Rodgers v. Commission for Lawyer Discipline, 151 S.W.3d 602 (Tex. App. - Fort Worth 2004, pet. denied)
Acting as Special Assistant Disciplinary Counsel for the State Bar of Texas, successfully defended on appeal a judgment sanctioning an attorney for a violation of lawyer advertising rules.
Air Routing International Corp. (Canada) v. Britannia Airways, 150 S.W.3d 682 (Tex. App. - Houston [14th Dist.] 2004, no pet.)
Assisted with preserving error, preparing the jury charge, and drafting appellate court briefing in a multi-million dollar international fraud and conspiracy case involving the airline industry, resulting in a take-nothing jury verdict; obtained reversal of the trial court’s order denying a request for attorneys' fees.
Jones v. Union Pacific Railroad Co., No. 14-02-01289-CV, 2004 WL 1688175 (Tex. App. - Houston [14th Dist.] July 29, 2004, pet. denied) (mem. op.)
Successfully defended on appeal a judgment that favored a railroad in a Federal Employers Liability Act case, based on the employee's waiver of his challenges to the jury verdict.
Volkswagen of America v. Ramirez, 159 S.W.3d 897 (Tex. 2004)
In a products liability case, obtained reversal of a nearly $20 million judgment and rendition of a judgment that the plaintiffs take nothing, by persuading the Texas Supreme Court that the testimony of the plaintiffs’ expert witness concerning the cause of an automobile accident was scientifically unreliable.
Citizens Nat’l Bank v. Allen Rae Investments, Inc., 142 S.W.3d 459 (Tex. App. - Fort Worth 2004, no pet.)
Won reversal of an award of credit-reputation damages in a lender-liability suit.
National Bank Litigation (2004)
Won summary judgment to enforce bank’s security liens and on various counterclaims brought against the bank by a borrower in a bankruptcy adversary proceeding and tried remaining tortious interference counterclaim to a defense verdict.
Kubala Public Adjusters, Inc. v. Unauthorized Practice of Law Committee for Supreme Court of Texas, 133 S.W.3d 790 (Tex. App. - Texarkana 2004, no pet.)
Acting on behalf of the State Bar of Texas, successfully defended against an appellate challenge to an injunction entered against public insurance adjusters, prohibiting the adjusters from conducting certain business activities found to constitute the unauthorized practice of law.
Greenpeace, Inc. v. Exxon Mobil Corp., 133 S.W.3d 804 (Tex. App. —Dallas 2004, pet. denied)
Upheld a nationwide temporary injunction preventing illegal and tortious conduct by Greenpeace against ExxonMobil facilities following an unlawful entry by Greenpeace activists at ExxonMobil headquarters.
CIGNA Healthcare of Texas, Inc. v. Pybas, 127 S.W.3d 400 (Tex. App. - Dallas 2004, no pet.)
Successfully defended on appeal a $13 million jury verdict in a wrongful death case.
Chapter 11 for Entertainment Company
Represented the trustee in connection with the liquidation of this international operator and franchisor of entertainment centers. The case involved extensive tracing of assets in foreign jurisdictions and significant litigation against accountants, officers and directors. There were numerous appeals and the case took nearly 10 years to complete.
Western Oil & Gas JV Inc. v. Castlerock Oil Co., 91 Fed. Appx. 901 (5th Cir. 2003)
In an oil and gas case, successfully defended on appeal an order dismissing fraudulent transfer, unjust enrichment, and conspiracy claims.
Moni Pulo Ltd. v. Trutec Oil & Gas, Inc., 130 S.W.3d 170 (Tex. App. - Houston [14th Dist.] 2003, pet. denied)
Won reversal of an order denying a special appearance, resulting in dismissal of a suit that sought more than $100 million in contract damages against an oil company. This complex case involved a dispute over title to an oil field off the coast of Nigeria, with two separate parallel proceedings in the trial and appellate courts of Nigeria, and another in the International Court of Justice at the Hague.
Miller v. Kennedy & Minshew, 142 S.W.3d 325 (Tex. App.—Fort Worth 2003, pet. denied)
In a legal malpractice case, successfully defended a judgment ordering that the plaintiff take nothing and awarding damages to a law firm.
Sweet v. Inkjet International Ltd., No. 05-03-00233-CV, 2003 WL 22254695 (Tex. App. - Dallas Oct. 2, 2003, no pet.) (mem. op.)
In a trade secrets and fiduciary duty case that resulted in a multi-million dollar damages award, handled pre-trial matters including the successful defense of an appeal from a temporary injunction, the preparation and argument of the jury charge, all post-verdict briefing, hearings, and judgment formation.
IP Petroleum Co., Inc. v. Wevanco Energy, L.L.C., 116 S.W.3d 888 (Tex. App. - Houston [1st Dist.] 2003, pet denied)
Won reversal of a judgment in excess of $5 million against an oil and gas company for the alleged breach of a joint operating agreement, resulting in rendition of a take-nothing judgment.
In re Mirant Corp., 378 F.3d 511 (5th Cir. 2004)
Obtained reversal of district court’s jurisdictional ruling in a Chapter 11 proceeding.
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.
Anderson v. Siemens Corp., 335 F.3d 466 (5th Cir. 2003)
Obtained a reversal of a $7.5 million judgment in a products liability case.
Bolle, Inc. v. American Greetings Corp., 109 S.W.3d 827 (Tex. App. - Dallas 2003, pet. denied)
Successfully defended a judgment setting aside an agreement on the basis of mutual mistake, in a case challenging the application of a contractual release given in one case to unrelated litigation pending in another state.
Administaff Companies, Inc. v. New York Joint Board Shirt & Leisurewear Division, 337 F.3d 454 (5th Cir. 2003)
On behalf of the trustee of an employer's bankruptcy estate, successfully defended on appeal a declaratory judgment that the employer's human resources provider complied with the Worker Adjustment and Retraining Notification Act.
West Orange-Cove Consolidated Independent School District v. Alanis, 107 S.W.3d 558 (Tex. 2003)
Obtained a ruling reinstating a constitutional challenge to Texas’ public school finance system, following the lower courts’ dismissal of the case on ripeness grounds.
N.P., Inc. v. Turboff, 111 S.W.3d 40 (Tex. 2003)
Obtained a unanimous reversal in the Texas Supreme Court of a judgment that denied a property owner recovery of a municipal utility district reimbursement valued at more than $2 million.
Frias v. Atlantic Richfield Co., 104 S.W.3d 925 (Tex. App. - Houston [14th Dist.] 2003, no pet.)
In an appeal in which the key issue was the reliability of an expert's testimony, successfully defended a no-evidence summary judgment against an employee of a petrochemical refinery.
Heritage Resources, Inc. v. Hill, 104 S.W.3d 612 (Tex. App. - El Paso 2003, no pet.)
In a case involving a dispute over oil and gas leases successfully defended on appeal a trial court’s order reducing a $21 million attorneys’ fees award to $25,000.
Panda Energy Corp. v. Allstate Insurance Co., 91 S.W.3d 29 (Tex. App. - Dallas 2002, pet. dism’d by agr.)
In an opinion that created new law with respect to anti-suit injunctions, obtained reversal of an anti-suit injunction that prevented an energy company from enforcing a $450 million judgment it won in another Texas court.
Reversal of Class Certification Order Against Major National Retailer
Won reversal of a class certification order that certified a class of 350,000 employees against major national retailer.
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.
Stucky v. City of San Antonio, 307 F.3d 315 (5th Cir. 2002), on remand from, 536 U.S. 936 (2002)
Through a petition for certiorari to the United States Supreme Court, upheld a municipality’s right to impose safety regulations on municipal towing services.
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.
National Development & Research Corp. v. Panda Global Energy Co., No. 05-00-00820-CV, 2002 WL 1060483 (Tex. App. - Dallas, May 29, 2002, pet. denied) (mem. op.)
In a case in which a power plant developer obtained declatory relief and defended against contract claims asserted by a consulting firm, successfully defended a judgment awarding the developer more than $400,000 in attorneys' fees.
Eureste v. Commission for Lawyer Discipline, 76 S.W.3d 184 (Tex. App. - Houston [14th Dist.] 2002, no pet.)
Acting as Special Assistant Disciplinary Counsel for the State Bar of Texas, successfully defended a judgment sanctioning former a San Antonio City Councilman who, as an attorney, fraudulently obtained payment of millions of dollars in fees.
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.
Montgomery v. O’Quinn, No. 99-47502, (189th Dist. Ct., Harris County, Tex.)
In a breach of contract suit seeking $120 million in damages against an attorney and law firm, assisted trial counsel in formulating trial strategy, took responsibility for all law matters, filed and argued numerous pre-trial motions (including summary judgment motions, motions concerning privilege, and other discovery matters), and prepared the jury charge.
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.
George Grubbs Enters. v. Bien, 900 S.W.2d 337 (Tex. 1995)
Obtained reversal of a $5.8 million judgment in a case involving an intentional infliction of emotional distress claim against an automobile dealer based on a faulty jury instruction in the exemplary damage question; the case made clear that exemplary damages cannot be awarded against one defendant according to the wealth of a separate entity based upon deficient corporate disregard instructions.
Piotrowski v. City of Houston, 237 F.3d 567 (5th Cir. 2001)
In a case that defined the limits of state-created danger as a basis for liability, won reversal of a $26 million judgment and rendition of a take-nothing judgment in favor of the City of Houston.
Barnett v. Network Solutions, Inc., 38 S.W.3d 200 (Tex. App. - Eastland 2001, pet. denied)
Successfully defended an appellate challenge to a judgment enforcing venue provisions in an online "click-wrap" agreement.
Southwest-Tex Leasing Co. v. Denise, No. 11-99-00127-CV, 2000 WL 34235126 (Tex. App. - Eastland 2000, no pet.) (mem. op.)
Reversed a jury verdict on claims of negligence and gross negligence arising from an automobile accident.
MTIS Ltd. v. Corporation Interamericana de Entretenemienta, S.A. de C.V., 64 S.W.3d 62 (Tex. App. - Houston [14th Dist.] 2001, no pet.)
Successfully defended on appeal an order that dismissed for lack of personal jurisdiction claims concerning a purported agreement to present musical theater productions in Mexico.
Texas Farmers Insurance Co. v. Cameron, 24 S.W.3d 386 (Tex. App. - Dallas 2007, pet. denied)
Upheld on appeal a multi-million jury verdict based on claims of bad faith and insurance code violations.
El Paso Natural Gas Co. v. Minco Oil & Gas, Inc., 8 S.W.3d 309 (Tex. 1999)
In an appeal of a multi-million dollar award in an oil and gas case, won reversal and rendition of a take-nothing judgment by persuading the Texas Supreme Court to hold that Texas law does not recognize a duty of good faith under Article Two of the Uniform Commercial Code.
Soliman v. American Airlines, Inc., No. 94 08428 C, (68th Dist. Ct., Dallas County, Tex.)
Persuaded the trial court to grant a $10 million remittitur from a $28 million verdict, after which the case settled.
Ensley v. Cody Resources, Inc., 171 F.3d 315 (5th Cir. 1999)
In a dispute involving a business acquisition and stock distribution, successfully defended an appellate challenge to a judgment in favor of a broker and consultant for petroleum-related businesses.
In the Interest of O.G.M., a Child, 988 S.W.2d 473 (Tex. App. - Houston [1st Dist.] 1999, pet. dism’d)
Prosecuted an appeal in the first Texas case to address parental rights involving a child conceived through in vitro fertilization; persuaded the Texas Supreme Court to hear the case and presented argument, after which the parties reached a settlement.
Klenk v. Bustamante, 993 S.W.2d 677 (Tex. App. - San Antonio 1998, no pet.)
Through an interlocutory challenge to the trial court’s jurisdiction, obtained pretrial dismissal of all claims against three in-house attorneys at a securities firm.
Panda Energy Corp. v. Heard Energy Corp., No. 05-96-01301-CV, 1998 WL 549032 (Tex. App. - Dallas Aug. 31, 1998, pet denied) (mem. op.)
Won reversal of a summary judgment disposing of a power plant developer’s claims against former affiliates for misappropriation of corporate opportunities.
In re Smith Barney Inc., 975 S.W.2d 593 (Tex. 1998)
In a lawsuit against a securities firm arising from the privatization of government-owned enterprises in Eastern Europe, persuaded the Texas Supreme Court, acting in a mandamus proceeding, to overturn a longstanding limitation on the doctrine of forum non conveniens.
General Tire, Inc. v. Kepple, 970 S.W.2d 520 (Tex. 1998)
Prevented disclosure of trade secrets in the case in which the Texas Supreme Court established the procedural rules for sealing court records.
Smith Barney, Inc. v. Settle, No. 13-97-00554-CV, 2000 WL 1146516 (Tex. App. - Corpus Christi May 21, 1998, no pet.)
Won reversal of an order setting a case for trial against a securities firm and obtained rendition of a judgment compelling arbitration.
Mayhew v. Town of Sunnyvale, 964 S.W.2d 922 (Tex. 1998)
Won reversal of a multi-million dollar judgment in a zoning dispute against a Texas municipality.
Bank One, Texas, N.A. v. Stewart, 967 S.W.2d 419 (Tex. App. - Houston [14th Dist.] 1998, pet. denied)
Obtained reversal and rendition of a take nothing judgment in a $20 million case concerning the financing of a land acquisition.
Williams v. WMX Technologies, Inc. 112 F.3d 175 (5th Cir. 1997)
Won a reversal through a permissive appeal to the Fifth Circuit, resulting in the dismissal of all claims in a fraud, securities fraud, and RICO case.
Exxon Corp. v. Lloyds of London, No. 93-40252, (189th Dist. Ct., Harris County, Tex.)
Acted as counsel in charge of legal proceedings (including summary judgments, privilege disputes, removal and remand, and the jury charge) for Exxon Corporation in its suit against Lloyds of London for failure to provide insurance coverage for the grounding of the Valdez; the trial resulted in a judgment for $420 million.
Highlands Management Co. v. First Interstate Bank of Texas, N.A., 956 S.W.2d 749 (Tex. App. - Houston [14th Dist.] 1997, pet. denied)
Successfully defended on appeal an order enforcing a deed restriction and prohibiting the operation of a sexually-oriented business.
National Medical Enterprises, Inc. v. Godbey, 924 S.W.2d 123 (Tex. 1996, orig. proceeding)
Obtained a writ of mandamus from the Texas Supreme Court disqualifying opposing counsel in a case against a hospital corporation and a former hospital administrator.
Gem Vending, Inc. v. Walker, 918 S.W. 2d 656 (Tex. App.—Fort Worth 1996) (orig. proceeding)
In a mandamus proceeding, persuaded the court of appeals that a trial court had improperly granted a new trial despite having lost plenary power to do so.
Universal Services Co., v. Ung, 904 S.W.2d 638 (Tex. 1995)
In a construction accident case persuaded the Texas Supreme Court to reverse a multi-million dollar judgment and render a take-nothing judgment in favor of an international engineering company.
Miller v. City of Fort Worth, 893 S.W.2d 27 (Tex. App.—Fort Worth 1994, writ dism'd)
Persuaded a court of appeals to reverse a judgment against a city and render a take-nothing judgment, based on a lack of evidence showing waiver of immunity under the Texas Tort Claims Act.
State Bar of Texas v. Gomez, 891 S.W.2d 243 (Tex. 1994)
On behalf of the State Bar of Texas, won an appeal in the Texas Supreme Court in a case concerning mandatory pro bono for lawyers.
Agrichem v. Voluntary Purchasing Group, 877 S.W. 2d 851 (Tex. App.—Fort Worth 1994, no writ)
In a writ of error appeal, persuaded the court of appeals to reverse a default judgment because of improper service.
Boyles v. Kerr, 855 S.W.2d 593 (Tex. 1993)
In a case that established Texas law curtailing negligent infliction of emotional distress claims, won reversal by the Texas Supreme Court of a judgment for damages under a homeowner's policy.
Granite State Insurance Co. v. Tandy Corp., 507 U.S. 1026 (1993)
Represented a major corporation in the United States Supreme Court in a coverage matter involving a conflict between state and federal jurisdiction; the case settled favorably to the corporation following oral argument and was dismissed.
Sakowitz v. Gregory, No. 4:92-CV-01406 (S.D. Tex. 1993)
Successfully challenged a state probate court’s order improperly granting a new trial against a prominent individual; creative legal analysis enabled the client to prevail in civil rights proceedings brought in federal court to challenge the wrongful state court action.
Granada Corp. v. Honorable First Court of Appeals, 844 S.W.2d 223 (Tex. 1992)
Obtained a unanimous opinion from the Texas Supreme Court granting mandamus relief, in a case that established Texas law on the inadvertent production of documents and the crime-fraud exception to the attorney-client privilege.
Federal Savings & Loan Insurance Corp. v. T.F. Stone-Liberty Land Associates, 787 S.W.2d 475 (Tex. App. -Dallas 1990, writ dism'd by agr.)
Won reversal of an $80 million judgment in a lawsuit against a savings institution and its wholly-owned service corporation for breach of contract, breach of fiduciary duty, fraud, usury, punitive damages and attorneys' fees.
City of Dallas v. Continental Airlines, Inc., 735 S.W.2d 496 (Tex. App. - Dallas 1987, writ denied)
Obtained summary judgment entitling Continental Airlines to fly out of Dallas Love Field and successfully defended that judgment on appeal.
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.
Lonza AG v. Blum, 70 S.W.3d 184 (Tex. App. - San Antonio 2001, pet. denied)
In a case that redefined the standard of review applied by the San Antonio Court of Appeals in cases involving personal jurisdiction over foreign corporations obtained reversal of a trial court’s order denying a Swiss corporation’s special appearance in a wrongful termination suit alleging fraud and intentional infliction of emotional distress.
Rockwall Commons Assocs., Ltd. v. MRC Mortgage Grantor Trust I, 331 S.W.3d 500 (Tex. App.-El Paso 2011)
Persuaded the El Paso Court of Appeals to affirm a multi-million dollar judgment in a commercial dispute involving the refinance of a $22 million construction loan.
SEC v. Microtune, 783 F. Supp.2d 867 (N.D. Tex. 2011)
In a stock option backdating case, won summary judgment and dismissal of all claims in action brought by the SEC against a former CEO.
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.
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.
Olsen v. Commission for Lawyer Discipline, 347 S.W.3d 876 (Tex. App.-Dallas 2011)
Persuaded the Dallas Court of Appeals to affirm a summary judgment on behalf of the State Bar of Texas disbarring an attorney for fraud and other misconduct and awarding the bar its attorneys' fees.
Bonneville Power Admin. v. Mirant Corp. (In re Mirant Corp.), 440 F.3d 238 (5th Cir. 2006)
In an appeal addressing the intersection between the Bankruptcy Code’s automatic stay provision, the debtor’s power over executory contracts, and the Anti-Assignment Act, blocked an effort by a governmental agency to terminate an electric power contract.