Victor Vital

Representative Trials and Arbitrations

• Secured a complete defense verdict from a New York federal jury in Manhattan for a multinational manufacturer of engine, filtration, and power products against the plaintiff’s breach of contract claims seeking in excess of $86 million.
• Secured a favorable verdict in a Pierce County, Washington trial for a leading home- and community-based healthcare services company against the plaintiff’s wrongful death claims seeking in excess of $32 million.
• Secured a complete defense verdict from a Texas jury for a medical device company in a catastrophic injury case in which the plaintiff sought damages in excess of $28 million. Listed by the Courtroom View Network in its Top 10 Most Impressive Defense Verdicts of 2022.
• Secured a verdict of over $30 million (including $16 million in punitive damages) from a federal jury for two entrepreneurs on claims of fraud, breach of fiduciary duty, tortious interference, conspiracy, and breach of contract against two other individuals involved in a YouTube venture. Listed as the number one verdict in the fraud category in the Texas Lawyer Top Texas Verdicts & Settlements in 2016 and also listed in the National Law Journal Top 100 list in 2016.
• Defended a pharmaceutical company in a patent infringement case in which the plaintiff sought in excess of $200 million and ultimately secured a jury verdict in the damages range proffered by the defense’s patent-damages expert.
• Secured a complete defense verdict from a federal jury for a national homebuilder against plaintiff’s allegations of non-compete violations, misappropriation of trade secrets, and defamation seeking millions of dollars.
• Secured a complete defense verdict from a Texas jury for a health care company and its chairman/CEO against fraud and contract claims seeking millions of dollars while prevailing on a civil wiretapping counterclaim.
• Secured a defense judgment for a national bank after a week-long bench trial of a dispute involving a borrower’s claims of fraud, negligent misrepresentation, deceptive trade practices, and other alleged statutory violations concerning the marketing and sale of a complex interest-rate swap.
• Secured a revocation of discharge judgment and a multimillion award for a single-purpose investment venture after a week-long bench trial of a bankruptcy adversary proceeding involving a complex fraud, claims of alter ego, and veil-piercing theories.
• Prevailed in a bench trial for a high-net-worth individual in a divorce matter, securing and establishing the enforceability of a post-nuptial property agreement.
• Represented an individual in a white-collar criminal matter (tax evasion) and preserved error during the jury trial of the matter, resulting in a reversal for the client by the Fifth Circuit Court of Appeals.
• Secured a multimillion-dollar arbitration award for a manufacturer and developer of air purification technology on claims of misappropriation of trade secrets, trademark infringement, and breach of contract.
• Lead trial counsel for a major defendant in a three-month federal public corruption jury trial; secured judgment of acquittal on a significant count.

Other Representative Matters

• Secured a nationwide injunction for ExxonMobil against tortious conduct organized and perpetrated by Greenpeace and its affiliates. Greenpeace, Inc. et al. vs. Exxon Mobil Corp.,133 S.W.3d 804 (Tex. App. – Dallas 2004, pet. denied).
• Defeated the Texas Attorney General’s attempt to upend the 2025 NCAA Women’s Basketball Tournament in a high-profile litigation matter, securing the denial of a temporary injunction request for the NCAA following a full-day evidentiary hearing on the eve of the tournament.
• Secured summary judgment for a Hall-of-Fame NFL player in a high-profile negligence action in a Texas state court.
• Secured summary judgment for a well-known NBA player in a high-profile defamation action in a Utah state court.
• Represented the business venture of a former NBA all-star in a commercial dispute that ended in a favorable business resolution for the client’s business venture.
• Represented a Grammy Award-winning artist and secured a dismissal in Harris County (Houston), Texas, immediately before jury selection, of a criminal charge alleging that an expensive piece of costume jewelry made for an album cover was a “prohibited weapon” and restored the forfeited jewelry to the client’s possession.
• Secured pre-trial dismissal for a Texas county in a major federal civil rights matter threatening nuclear verdict exposure.
• Secured a favorable result for a Dallas politician facing an ethics charge, with Dallas’s Ethics Advisory Commission unanimously deciding that there was no ethics violation following a full evidentiary hearing.
• Represented a healthcare company in a False Claims Act qui tam action, pending in the United States District Court for the District of New Jersey, coming in as co-lead trial counsel less than two months before the scheduled trial; with a potential aggregate exposure exceeding one billion dollars, the case was resolved for less than 10% of that exposure.
• Substituted in as counsel for a major hospital system in a trial case pending in the Rio Grande Valley less than a month before trial, overturned a multimillion death penalty sanction, and then ultimately secured a favorable settlement through the use of insurance funds.
• Secured a favorable SEC settlement for a client and then, through a series of pre-indictment proffer sessions, secured a declination by the United States Attorney for the Eastern District of Texas of wire fraud and securities fraud charges.
• Secured a favorable settlement in an SEC enforcement matter arising from a municipal bond offering related to the financing and development of an entertainment and events arena in Washington state.
• In potential nuclear verdict wrongful death case arising from wellsite accident, obtained take-nothing summary judgment for a key industry defendant, having previously obtained a very favorable settlement for a second defendant.