Trials We are, first and foremost, trial lawyers. We have over 50 years collective experience litigating all manner of civil litigation matters in Texas state and federal cases. Some of our successes include: Defense of big box retailer in jury trial of highway condemnation case brought by the State of Texas for the widening of State Highway 6 in College Station, resulting in verdict awarding property owner just compensation of over three times initial offer. Defense of lender in 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. Pursued claims of commercial mortgage backed securities trustee against borrower and guarantors for fraud recourse claims involving $8 million loan secured by apartment project, resulting in $13.5 million judgment in Louisiana state trial court. Defense of manufacturing company in jury trial of $1.8 million claim brought by terminated CFO alleging wrongful termination arising from his refusal to book allegedly illegal accounting entries on the company’s books, resulting in take-nothing jury verdict in favor of client in Texas state court. Defense of bank in 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. Pursued shipper’s Carmack Amendment claims in federal bench trial, resulting in judgment and recovery against the carrier for the full amount of damages. Defense of construction subcontractor in jury trial of attorneys’ fees claim brought by general contractor claiming attorneys’ fees in excess of $1.5 million, resulting in verdict awarding reasonable and necessary attorneys’ fees of just $50,000. Defense of rural property owner in jury trial of electrical transmission line condemnation case brought by the Lower Colorado River Authority, resulting in favorable verdict awarding the full amount of compensation, over six times initial offer. Defense of software development firm in jury trial of class action securities fraud litigation in federal court, resulting in favorable jury verdict fully exonerating client. Pursued fraud and breach of fiduciary claims in five-week jury trial against former executive and affiliated purchasers of assets from reorganized S&L backed by FDIC assistance agreement, resulting in favorable jury verdict awarding damages of over $50 million. Appeals Our lawyers have handled numerous appeals on behalf of appellants and appellees in virtually all of the state courts of appeal, the Supreme Court of Texas, and the Fifth Circuit. Some of our reported cases include: Weingarten Realty Investors v. Albertson's, Inc., 234 F.3d 28 (5th Cir. (Tex.) 2000): 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. Olympic Arms, Inc. v. Green, 176 S.W.3d 567, 55 UCC Rep.Serv.2d 575, Prod.Liab.Rep. (CCH) P 17, 247 (Tex.App.—Houston [1st Dist.] 2004, no pet.): Successfully reversed judgment in favor of products liability plaintiff on claims based on the barrel failure of a custom rifle. Harris County v. Inter Nos, Ltd., 199 S.W.3d 363 (Tex.App.—Houston [1st Dist.] 2006, no pet.): Successfully defended jury verdict awarding over $500,000 in compensation to property owner, fifty times the initial offer, in a toll road condemnation case brought by Harris County, Texas. Design Elec. v. Cadence McShane Corp., 2008 WL 190060 (Tex.App.—Houston [14th Dist.] 2008): 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. Diamond Point Plaza Ltd Partnership v. Wells Fargo Bank, N.A. 929 A.2d 932(Md. Ct. App. 2007):Successfully defended judgment for Commercial Mortgage Backed Securities Trustee for fraud recourse claims and against note maker and guarantors in connection with $15 + million loan secured by shopping center. City of Houston v. United Water Services, Inc., 201 S.W.3d 690 (Tex. 2006): Successfully pursued right of private contractor to bring claims against municipality in face of sovereign immunity defense. Madisonville State Bank v. Citizens Bank of Texas, N.A., 184 S.W.3d 835 (Tex.App.—Beaumont 2006): Successfully reversed judgment imposing liability for alleged late return of checks under the UCC midnight deadline rule in case involving $5+ million check kite. Fetter v. Wells Fargo Bank Texas, N.A., 110 S.W.3d 683, 51 UCC Rep. Serv. 2d 201, (Tex.App.—Houston [14th Dist.] 2003): Successfully defended summary judgment for national bank in putative class action alleging bank violated UCC obligation of good faith by posting checks to consumer accounts from high to low dollar amounts, allegedly to increase NSF returned check charges. In re Wells Fargo Bank Minnesota N.A., 115 S.W.3d 600 (Tex.App.—Houston [14th Dist.] 2003): Successfully pursued first reported case upholding jury trial waiver in commercial contract in Texas. Settlements Many cases settle, and our successes at trial and on appeal have contributed to successful resolutions of cases short of the time and expense involved in a jury trial and beyond. Some of our successes include: Defense of property owners in highway widening condemnation cases on IH-10 West (the Katy Freeway) against the State of Texas involving properties improved with retail and commercial uses, including big box retailer and automotive repair and supply business. Prosecution of partner's claims for breach of contract, fraud, and breach of fiduciary duty seeking to recover profits owed to him by his partner, resulting in an agreed judgment for the full amount owed, plus prejudgment interest and attorney's fees. Defense of property owners in high-voltage electric transmission line condemnation cases against CenterPoint Energy involving rural acreage in Wharton County, Texas Defense of property owner in toll road condemnation case against Harris County, Texas involving special-use property improved with a local television station in Houston, Texas Defense of former General Counsel of major energy company in class action securities fraud litigation in US District Court in Houston, Texas. Defense of claims asserted by patent licensee against international Internet travel facilitator that certain aspects of its web site infringed patent. Defense of claims by architect, land sellers and venture partners arising out of failed high-rise condominium project. Arbitrations Our lawyers have represented claimants and respondents in a wide variety of matters before the American Arbitration Association and the National Association of Securities Dealers. Some of our successes include: 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." Defense of Fortune 100 grocery distribution company claims asserted by major Texas regional grocery chain in AAA arbitration. Defense of seller of automobile dealership in AAA arbitration involving accounting “true ups” following sale closing. |