Results

In jury trials with us, defense verdicts for defendants and meaningful verdicts for plaintiffs are the norm – not the exception. While settlement is sometimes the best option, it can be difficult to accomplish if your opponent does not believe you can effectively try the case.

If the need to staff up on a particular case arises, we have a highly qualified bench. Our team consists of a former Texas Supreme Court Briefing Attorney, who was also a former Associate General Counsel — Litigation for a major insurance company, as well as a former Baker Botts attorney. Let us show you what we can do for you.*

Representative Matters

Financial Institutions

  • Defense of large national bank against aiding and abetting securities fraud claims in $50 million lawsuit brought by investors in what was then the largest Hispanic-owned business in the United States and claimed to be a Ponzi scheme. After close of discovery, summary judgment was granted by the trial court in favor of defendant. Affirmed by the Court of Appeals and Texas Supreme Court.
  • Defense of national bank in the jury trial of a lawsuit brought by five residential/commercial development companies asserting causes of action for breach of land acquisition and related construction agreements for multi-unit duplex housing development, breach of fiduciary duties, fraud and tortious interference with three commercial shopping centers, a restaurant, condominium, other land and violations of the Bank Tying Act relating to proposed hotel financing. Plaintiffs sought $41 million in actual damages plus exemplary damages and attorney’s fees. After a two-week jury trial (February 2013), the jury found no liability as to the bank on all issues. Take nothing judgment entered in favor of the bank. (Houston Business Journal, week of April 12–18, 2013)
  • Defense of large national bank in $230 million adversary lawsuit brought in bankruptcy court by a multi-specialty medical clinic which asserted causes of action against the bank for breach of fiduciary duties, aiding and abetting breach of fiduciary duties and conspiring with co-defendant national health care company to cause the collapse of the medical clinics. Favorably settled as to the bank for a nominal sum. Plaintiff medical clinic agreed to dismiss with prejudice all claims against bank and executed releases as to the bank in exchange for payment of $10,000.
  • Defense of federal savings bank in more than 30 complex lawsuits and plaintiff’s counsel for federal savings bank in $100 million lawsuit against a mortgage company.
  • Defense of national bank in jury trial of lawsuit seeking in excess of a million dollars in actual damages, additional treble damages and attorney’s fees. Causes of action for breach of loan agreement and deceptive trade practice acts and other lender liability theories were asserted. Jury found no liability as to the bank on all issues and found the bank was entitled to recover all its attorney’s fees. Judgment entered in favor of bank, that Plaintiff take nothing and bank recover its attorney’s fees.
  • Defense of large national bank in favorably settling $25 million multi-party claim brought by bankruptcy trustee alleging failure by the bank to properly service a complex series of loans and participation agreements.

Energy Litigation

  • Appointed by court as counsel for independent business person charged with the responsibility of evaluating $400 million derivative suit against oil company that had discovered what is believed to be the largest natural gas discovery to date. Case settled based on recommendation to court by client.
  • Represented major independent oil and gas company as defendant in multi-million dollar jury trial wherein landowner alleged defendant made unreasonable use of the surface in the placement and operation of an oil well such that the tract could not be commercially developed as planned. Directed verdict for defendant client on all claims.
  • Counsel for major independent oil and gas company in claim against pipeline transportation company for tortious interference with natural gas supply contract, fraud, breach of fiduciary duties and conspiracy. Separate trial granted on defense of limitations. After one-week jury trial, verdict was in favor of client and limitations defense defeated. Pipeline transportation company filed bankruptcy. After one-week  trial in bankruptcy court, verdict in favor of client for $3 million.
  • Defended Illinois based crude oil refining company in suit brought by French national oil company that sought $2,000,000 allegedly owed on a letter of credit for failure to procure a ship for delivery of a shipment of crude oil from Africa. Summary judgment granted in favor of Defendant. Affirmed on appeal.
  • Represented major Houston based pipeline company in injunction proceeding seeking removal of building over pipeline easement. Building removed from easement.
  • Defended international oil tools and pipe supply company in tortious interference suit. Amount in controversy: $500,000+. Four-day jury trial. Defense verdict — no liability.

Business Litigation

  • Counsel for marine, tank terminal and shipyard business as Plaintiff asserting breach of joint venture agreement and other business tort theories. Four-week jury trial. Defeated all counterclaims and a $4.2 million jury verdict — the full amount sought by the client. (“Big Deals Big Suits,” Texas Lawyer, November 14, 1988). (Galveston, TX)
  • Counsel for joint venture developer in suit brought against a financing company for breach of agreement and other business torts relating to the development of a low income housing project. Two-week jury trial returned verdict in favor of client for full amount sought — $1.3 million — and defeated all counterclaims. (Fort Worth, TX)
  • Counsel for large warehouse company in suit brought against major polymer manufacturer for breach of long-term commercial lease. After two-week jury trial, jury verdict in favor of client for $1.4 million.
  • Obtained summary judgment as counsel for large commercial contractor in defending $32 million claim by competitor alleging tortious interference with contract and various other business tort theories. (Wharton, TX)
  • Defense counsel for major movie theater chain against claim brought by commercial landlord/management company relating to commercial theater lease seeking recovery of significant dollar amount for rents and management fees. After one-week jury trial, received verdict in favor of client that Plaintiff take nothing and recovery for client on counterclaim, including all attorney fees.
  • Counsel for Defendant in bankruptcy adversary proceeding brought by Trustee on behalf of a former professional baseball player with the Houston Astros and Philadelphia Phillies. Plaintiff alleged breach of partnership agreement with Defendants and lost profits of $3,000,000. One-week trial. Judgment for Defendants. Take nothing judgment entered.
  • Co-counsel for Defendant chemical company in suit seeking fair value of stock and claiming oppression of minority shareholder. Amount in controversy: $5,000,000. Seven-day jury trial. Court finding favorable for Defendant’s fair stock value of stock $800,000 (amount Defendant claimed was the value) and no oppression.

Waste Industry Litigation

  • Counsel for major national waste company in declaratory judgment action filed against owners of the Greater New Orleans Landfill (GNOL). The parties were members of a joint venture. The Louisiana Department of Environmental Quality (LDEQ) had issued a closure order for the GNOL. Plaintiff client was the garbage service for New Orleans and surrounding areas. An agreement was entered into between Defendants and Plaintiff client that the closure of the landfill would be accomplished by client filling it with refuse over a three-year period until it met the fill requirements of the LDEQ to close. Much of the area was low lying swamp which was required to be built up. Defendant agreed to split of the gate receipts with Plaintiff client. The LDEQ approved this arrangement for closure. During the term of this agreement, the federal environmental regulations changed and the LDEQ told Defendants the landfill would require a liner system to close. Cost estimate — $120 million+. Defendants took position it was Plaintiff client’s responsibility. Client filed declaratory judgment action in New Orleans Federal Court against Defendants, seeking declaration that it was not required by or contemplated by the contract. Numerous depositions taken and documents produced. Ultimately, the case was resolved when the parties agreed to work together and were able to secure exemption for liner system. Extensive discovery and work with environmental attorneys and engineers and LDEQ. (New Orleans, LA)
  • Defended two major national waste companies. Plaintiff was an oil production service company. Plaintiff asserted a number of causes of action, including breach of contract and fraud, seeking recovery of both actual and punitive damages. Under terms of a contract with Plaintiff, Defendants were obligated $5 million to Plaintiffs upon Defendants securing a 15-year extension of a landfill permit. Plaintiffs alleged Defendants purposefully did not obtain the permit or make reasonable efforts to do so in order to avoid $5 million dollar payment. Case originally filed in State Court in Plaintiffs’ home Parish. Defendants successfully removed case to Federal Court. After Defendants filed a motion for summary judgment, case settled with terms favorable to Defendants. Significant discovery. Extensive work with environmental engineering experts as to landfill life and permitting issues. (Baton Rouge, LA)
  • Defended major national waste company in wrongful termination and retaliation for asserting workers compensation claim brought by an executive. Amount in controversy: $900,000; four-day jury trial. Defense verdict — no liability.
  • Represented major national waste company in defending claimed brain injury. Substituted in as counsel near trial date and filed motion for summary judgment after scheduling order deadline. Leave to file late summary judgment and summary judgment were granted in favor of client. Affirmed on appeal.
  • Represented major national waste company in wrongful termination and retaliation for asserting workers’ compensation claim. Summary judgment granted in favor of client. Affirmed on appeal.
  • Represented major national waste company in personal injury claim related to waste truck accident. Amount in controversy: $500,000+. One-week jury trial. Defense verdict — no liability.
  • Represented chemical waste company in personal injury suit. Amount in controversy: $3,000,000. Case also involved a significant claim of punitive damages related to the hazardous waste truck driver’s extensive history of traffic citations. One and one-half week jury trial. Pretrial offer by Defendant was $150,000. The case was settled for $150,000 at the end of presentation of evidence, before closing arguments. (Beaumont, TX)
  • Represented major national waste company in personal injury claim relating to waste truck accident. Amount in controversy: $1,500,000. One-week jury trial. Negligence verdict: 50% — Defendant client and 50% — one Plaintiff. One Plaintiff’s damage finding: $90,000 and other Plaintiff’s damage finding: $15,000. Result was a total recovery for both Plaintiffs of $60,000 (or reduction by 50% of $90,000 in damages as to negligent Plaintiff and $15,000 for non-negligent Plaintiff). Plaintiffs’ pretrial demand: $800,000. Defendant’s pretrial settlement offer: $400,000.
  • Represented major national waste company in personal injury claim relating to waste truck accident brought by passenger in fatality accident. Amount in controversy: $500,000+. One-week jury trial. Defense verdict — no liability.
  • Represented defendant interstate trucking company in personal injury suit involving 18 wheeler collision with multiple claimants and serious injuries. Amount in controversy: $3,000,000+. Two separate two-week jury trials. (Motion for New Trial granted after first trial.) Defense verdict — no liability as to both trials and take-nothing judgment entered. (San Antonio, TX)
  • In addition to the above, as trial counsel for major national waste companies and subsidiaries, defended 50 to 75 personal injury, wrongful death (3), and other tort, contract, and employment claims which settled during or after discovery.

Construction Litigation

  • Co-counsel for major chemical company in lawsuit against a large engineering and construction company over revamp and expansion of clients’ ethylene process chemical refinery. $100+ million claim. After three years plus of litigation, case settled at mediation. Confidential. (Westlake, LA)
  • Defeated $1 million claim alleging breach of contract in construction of psychiatric hospital complex in jury trial on behalf of large commercial contractor.
  • Counsel for Plaintiff in design and construction defect claim. Three-week jury trial — verdict of $1.4 million, including all attorneys’ fees.
  • Counsel for large commercial contractor in breach of construction contract/tortious interference suit. Amount in controversy: $900,000+. One-week jury trial. Defense verdict — no liability. Verdict and judgment of $192,000 in attorneys’ fees for client.
  • Counsel for Houston based sheet metal company in breach of construction contract suit against mechanical contractor and surety bond company. Amount in controversy: $400,000. Three-week jury trial. Verdict for recovery of all damages and attorneys’ fees against all Defendants.

Estate Litigation

  • Will contest. Represented contestants in claims of lack of testamentary capacity/undue influence. Amount in controversy: $2,000,000; one and one-half week jury trial. Verdict for contestants — lack of testamentary capacity and recovery of $100,000 attorneys’ fees. (Galveston, TX)
  • Defended breach of contract suit relating to alleged family settlement agreement made in consideration of plaintiff not challenging will in California probate court. Amount in controversy: $400,000. Seven-day jury trial. Defense verdict — no liability. (Hillsborough, TX)
  • Defended guardian of elderly high-net-worth individual in suit brought to remove him for breach of fiduciary duties among other claims. Four-day jury trial. Defense verdict guardian not removed.

* Unless otherwise specified, all results on representative matters were in Houston or surrounding area courts and members of the firm served as lead counsel. It should be noted that each case is different. And a particular result cannot be guaranteed. There is always risk.