Results

Served as lead counsel

• Defense of national bank in the jury trial of a lawsuit brought by 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 respect to commercial shopping center, related land, and violations of the Bank Tying Act relating to proposed financing. The 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)

• Appointed by court as counsel for independent business person charged with the responsibility of evaluating a $400 million derivative suit against a publicly-traded oil company that had discovered what is believed to be the largest natural gas discovery to date. Case settled based on the recommendation to court by client.

• 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)

• 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.

• Counsel for a major independent oil and gas company in a claim against a pipeline transportation company for tortious interference with a natural gas supply contract, fraud, breach of fiduciary duties and conspiracy. Separate trial granted on the defense of limitations. After a one-week jury trial, the verdict was in favor of the client, and limitations defense was defeated. After a full trial on the merits verdict was in favor of the client for $3 million.

• 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 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 million. One-week trial. Judgment for Defendants. Take nothing judgment entered

• 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.

• Represented defendant interstate trucking company in personal injury suit involving 18 wheeler collision with multiple claimants and serious injuries. Amount in controversy: $3+ million. 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)

• 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)

• 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.

• 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.

• 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.

• 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 to pay $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)

• 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: $1.2 million. One-week jury trial. Defense verdict — no liability. Recovery of all defense attorneys’ fees.

• Will contest. Represented contestants in claims of lack of testamentary capacity / undue influence. Amount in controversy: $2 million; one-and-one-half week jury trial. Verdict for contestants — lack of testamentary capacity and recovery of $100,000 attorneys’ fees. (Galveston, TX)

*Each case is different and a particular result cannot be guaranteed. There is always risk.