Charles McFarland has been selected by his peers for inclusion in the 2011 edition of The Best Lawyers in America® in the practice area of Eminent Domain and Condemnation Law
Jeff Joyce, John McFarland, and Charles McFarland were each recognized in H Texas Magazine’s 2010 Houston’s Top Lawyers edition
January 2010 Jeff Joyce is again selected by his peers for inclusion in The Best Lawyers in America guide to legal excellence in the United States
September 2009 In jury trial on behalf of national retailer, Charles McFarland recovered over $500,000 for his client as compensation for 31 parking spaces lost as a result of the widening of Texas Avenue in College Station, Texas.
March 2009 Charles McFarland joins Jeff Joyce and twin brother John McFarland to form Joyce, McFarland McFarland LLP
November 2008 Jeff Joyce and John McFarland form Joyce & McFarland LLP
September 2009 Jeff Joyce is again named as a Texas Super Lawyer by Texas Monthly magazine
January 2008 John McFarland tries a wrongful foreclosure suit defending his lender client against claims brought by a party alleging to have purchased property as a good faith purchaser for value, resulting in a jury verdict and take-nothing judgment on the claims
September 2004 John McFarland is named as a Texas Super Lawyer by Texas Monthly magazine
March 2004 John McFarland is named as a Texas Rising Star by Texas Monthly magazine
December 2003 Charles McFarland is Board Certified in the area of Civil Trial Law by the Texas Board of Legal Specialization
May 2004 John McFarland tries a fraud and lender liability suit on behalf of his lender client where the plaintiffs sought $6.5 million plus attorney\'s fees and exemplary damages, resulting in take-nothing judgment on the plaintiffs\' claims and judgment in excess of $1.5 million in favor of the lender on its counterclaims
December 1996 Jeff Joyce is Board Certified in the area of Civil Trial Law by the Texas Board of Legal Specialization
We have been in some fights and we know how to win them. Our successes at trial and willingness to go the distance enhance our ability to achieve outstanding results for our clients at all stages of litigation.
Biography
John McFarland represents plaintiffs and defendants in business litigation. He has tried numerous cases in state and federal courts, including suits involving commercial fraud, lender liability, products liability, and business divorce. He has briefed and argued several cases to the Fifth Circuit and state courts of appeal. His experience in trial and appeals allows him to provide strategic business risk advice designed to avoid, minimize, or position potential litigation.
Representative Experience
Trials
Defense of lender in state court jury trial of lender liability suit seeking $6.5 million in fraud damages plus exemplary damages for the lender's alleged fraud in inducing the loan and the real estate purchase, resulting in a take-nothing verdict as to all claims.
Defense of bank in state court jury trial of wrongful foreclosure suit brought by a company claiming to have obtained title to the foreclosed-upon property before the bank’s judgment lien attached to the property, resulting in a take-nothing judgment as to all claims.
Prosecution of shipper’s Carmack Amendment claims in federal bench trial, resulting in judgment and recovery against the carrier for the full amount of damages after application of settlement credits.
Successful defense of sweat-equity business partner in federal court jury trial of claims of fraud and breach of contract brought by investor partners seeking damages, plus attorney’s fees and exemplary damages.
Defense of rifle barrel manufacturer in state court jury trial of product liability claims seeking $1 million in damages based on the barrel explosion on a custom rifle, resulting in 50% allocation of liability to the manufacturer of the custom rifle and a judgment for only $200,000 against barrel manufacturer, which was reversed on appeal.
Appeals
Successfully defended take-nothing summary judgment in favor of tenant in landlord’s breach of contract claim for over $3 million in damages and summary judgment in favor of tenant for the pro-rated value of the furniture and fixtures left in the leased premises.
Successfully reversed judgment in favor of products liability plaintiff on claims based on the barrel failure of a custom rifle.
Successfully reversed judgment in favor of a contractor on electrical subcontractor's claims for nonpayment and obtained rendition of judgment in favor of the electrical subcontractor.
Settlements
Prosecution of electrical subcontractor's claims through trial and appeal, resulting in successful settlement for the amounts owed and attorney's fees incurred in prosecuting the claims.
Prosecution of partner's claims for breach of contract, fraud, and breach of fiduciary duty seeking to recover $1.244 million in profits owed to him by his partner, resulting in an agreed judgment for the full amount owed, plus prejudgment interest and attorney's fees.
Arbitrations
Defense of securities broker in suit brought on forgivable promissory note, resulting in an order overturning the arbitrator's award in favor of the brokerage house for the arbitrators' "manifest disregard of the law."
Admitted to practice: Texas, 1995; Texas Supreme Court; U.S. Court of Appeals, Fifth Circuit; U.S. District Court, Southern and Northern Districts of Texas; U.S. Tax Court
