Big Wins

Martin v. Manitoba Management, Inc. (2020). Summary judgment in employment discrimination case in Tarrant County, Texas against owner of several apartment complexes.
Bird v. Fletcher (2020). Rule 12(b) dismissal in legal malpractice lawsuit filed against an attorney in US District Court for the Eastern District of Texas.
Brewer Leasing v. Jackson (2019). Summary judgment in legal malpractice lawsuit filed in Harris County, Texas.
Valenti v. Jenkins (2019). Summary judgment for client in defending legal malpractice lawsuit involving an underlying divorce proceeding.
Goin v. Miller (2019). Received nonsuit with prejudice for legal malpractice defendant in the face of a pending summary judgment motion on case pending in Madison County.
Bowman v. Allen (2019). Garnered judgment against contractor on construction defect claim in Harris County.
In re Cagle, 585 S.W.3d 618 (Tex. App.—Houston [14th Dist.] 2019, orig. proceeding): Relator had no adequate remedy by appeal from erroneous denial of motion to withdraw deemed admissions where relator’s ability to present viable defense would be vitiated or severely compromised by admissions and withdrawal would advance merits-based discovery, pre-trial proceedings, and trial proceedings.
Halberdier v. Houston Area Law Firm (2018). Arbitration award for client seeking to collect fee and defend against legal malpractice claim in Harris County.
Sheshtawy v. CCJ (2018). Dismissal of law firm in RICO lawsuit filed in United States District Court for the Southern District of Texas garnering sanctions award for client in defense of the case upheld following multiple challenges.
Fed. Ins. Co. v. Northfield Ins. Co., 837 F.3d 548 (5th Cir. 2016): Oil company’s claims against insured did not all fall within the general liability policy’s pollution exclusion where the environmental damage alleged by the oil company potentially encompassed negligent construction that caused soil erosion.
In re Bent, 487 S.W.3d 170 (Tex. 2016): Trial court’s new-trial ground, which implicated a factual-sufficiency analysis, did not comply with facial requirements for such grounds established in recent Supreme Court of Texas jurisprudence.
In re Farmers Ins. Co. Wind/Hail Storm Litig., 481 S.W.3d 422 (Tex. Jud. Pan. Mult. Lit. 2015): Consolidating over a thousand first-party insurance cases in 44 counties and 166 trial courts—at the time, the largest MDL in Texas.
In re Wellington Ins. Co. Hailstorm Litig., 427 S.W.3d 581 (Tex. Jud. Pan. Mult. Lit. 2014): Remanding hundreds of first-party insurance cases out of an MDL and back to the originating trial courts where the cases against one insurer were not related to the cases against other insurers already in the MDL and therefore did not qualify as tag-along cases.
Crosstex Energy Servs. v. Pro Plus, Inc., 430 S.W.3d 384 (Tex. 2014): Court of appeals had jurisdiction to consider interlocutory appeal of denial of engineering firm’s motion to dismiss for failure to file a certificate of merit; party’s engagement in the judicial process must clearly demonstrate an intent to waive the right to dismissal in order to constitute waiver.
Mid-Continent Cas. Co. vs. Eland Energy (2013) Dallas Federal Court trial win in commercial bad faith Hurricane Katrina case on all issues and win before the 5^th Circuit Court of Appeals on all issues
Downhole Navigator, L.L.C. v. Nautilus Ins. Co., 686 F.3d 325 (5th Cir. 2012): Under Texas law, potential conflict of interest created by liability insurer’s reservation of rights letter did not disqualify counsel offered by insurer to represent insured or entitle insured to reimbursement for cost of hiring independent counsel.
Downhole Navigator vs. Nautilus Ins. Co. (2012) 5^th Circuit affirmed trial court win for our client and established beneficial Texas law regarding limits on a liability insurer’s obligation to pay for independent counsel
Morris v. O’Quinn Law Firm (2011) Successfully defended law firm against claims of an oral contract made with deceased law firm owner by garnering a defense verdict
Nunn vs. State Farm (2010) Dallas federal court jury trial victory on all issues in auto bad faith case dealing with SIU/fraud issues
Franco v. Memorial Hermann (2010) Following a nine-week trial, successfully garnered a directed verdict on behalf of client in claims by physicians that hospital, real estate landlord clients and operating company were engaged in anti-trust violations and other alleged unlawful conduct
Crounce vs. State Farm (2010) Jury verdict victory on all issues affirmed by the appellate court on all issues in this auto bad faith case dealing with auto part replacement coverage
Republic Underwriters Ins. Co. vs. Mex-Tex, Inc. (2009) Texas Supreme Court established law in favor of our client dealing with Texas Prompt Payment of Claims statute governing all Texas insurers
Munoz v. State Farm Lloyds of Tex., 522 F.3d 568 (5th Cir. 2008): Introduction of evidence of non-prosecution for or acquittal of arson is impermissible in a civil case regarding insurance proceeds because it is highly prejudicial.
Hothed v. Safehouse (2008) Successfully defended client in a rare trademark case tried in a state district court receiving findings that there was no infringement and garnering a Harris County counterclaim jury verdict for recovery of the client’s legal fees for its declaratory judgment action
Continental Cas. Co. vs. St. Paul Fire & Marine Ins. Co. (2008) Dallas federal court jury trial victory on all issues in commercial liability bad faith case dealing with an $18m tort judgment in Beaumont, Texas
Pitts v. Schechter (2008) Successfully defended attorney in breach of contract claim over the division of attorneys’ fees alleged to have been recovered in the handling of underlying mass tort litigation and instead garnered a jury verdict awarding client in excess of $3 million on breach of contract and defamation claims in Harris County
Pitt v. Estate of Belton Kleberg Johnson (2007) Successfully garnered client a defense verdict in Bexar county will contest involving the King Ranch, multi-million dollar estate following a trial in excess of 3 months
In Re Katrina Canal Breaches Litigation (2007) 5^th Circuit affirmed trial court win holding that flood damage from Hurricane Katrina to thousands of New Orleans homes was not covered under homeowners policies with flood exclusions
Rimkus vs. Hartford Cas. Ins. Co. (2007) Summary judgment dismissal of all claims against our client in commercial bad faith case arising out of Hurricane Katrina claim
Fiess vs. State Farm (2006) Persuaded the Texas Supreme Court that residential mold contamination is not covered under the Texas Standard Homeowners Insurance Policy
Nielsen v. USAA (2006) Successfully defended USAA in breach of contract and bad faith litigation filed in Galveston County by garnering defense verdict
Alford v. Green (2005) Successfully defended father in claim that he was the cause of an accident severely injuring his son by prosecuting claims against responsible operator of a fire truck and garnering recovery for father against the fire department in a trial in Harris County
Jordan v. Armstrong (2005) Successfully defended local business owner in premises liability personal injury claim by garnering defense verdict in Harris County
ARCI v. MCH (2004) Successfully prosecuted claim by roofing contractor concerning non-payment for more than a quarter of a million and defending counterclaims concerning workmanship quality by garnering favorable arbitration result in Harris County
O’Keefe v. Stapp Towing (2003) Successfully prosecuted and garnered verdict in excess of one million dollars and rescission in fraud in real estate action involving claims of undisclosed environmental contamination prior to sale of property in Galveston County
Palermo v. O’Quinn Law Firm (2003) Successfully defended law firm on breach of contract and business tort claims by former associate attorney where claimant was seeking twenty million dollar recovery garnering defense verdict in Harris County
Nickerson v. Home Depot, et al (2002) Successfully defended intentional tort claims brought by store employee against store manager garnering defense verdict in Harris County
Garcia v. Fortis (2000) Successfully defended life insurance company against multi-million dollar bad faith claims brought by sixteen plaintiffs garnering defense verdict in South Texas in a four week trial