Law360 Reports on Haynes and Boone Victory for VHSC Cement at Texas Supreme Court

06/22/2020

Law360 mentioned Haynes and Boone, LLP Partner Mark Trachtenberg in an article about the firm’s victory in the Texas Supreme Court on Friday, June 19, in a case involving a failed partnership between EMC Products, LP, and VHSC Cement. Trachtenberg led the Haynes and Boone appellate team in representing VHSC.

Here is an excerpt:

The Texas Supreme Court on Friday determined that there is not enough evidence to support a jury's award of $16.5 million to some partners in a messy dispute over the breakup of a partnership that was created to produce and market a new type of cement.

The state's high court rendered a take-nothing judgment for holding company EMC Cement BV, general partner Texas EMC Management LLC and limited partnership EMC Products LP, holding they failed to prove their damages, dooming the jury's award.

Mark Trachtenberg of Haynes and Boone, LLP, who represents VHSC Cement and Pike, told Law360 he was pleased with the "complete victory" for his clients, especially in light of the Texas Supreme Court's initial decision in August 2018 to deny the petition for review.

After a motion for rehearing was filed in October 2018, the court ultimately granted review in April 2019 and heard arguments in September.

"The Texas Supreme Court's opinion confirms that damages awards cannot rest on conclusory and speculative expert testimony and that the judgment against our client never should have been entered in the first place," he said.

VHSC Cement and Pike are represented by Mark Trachtenberg, Nina Cortell, Ryan Paulsen, and Mike A. Hatchell of Haynes and Boone, LLP.

To read the full article, click here.

To read more about the case, click here


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