Representative Appellate Cases Reported
Kansa Reinsurance v. Congressional Mortgage, 20 F 3d 1362 (US 5th Cir. Ct. of Appeals 1994) – summary judgments disposing of fraud, negligent misrepresentation and negligence claims against title company; successful Fifth Circuit appellee’s briefs
City of Dallas v. David and Veronica Jones, 331 S.W.3d 781 (Tex. App. 2010) – Representation of purchaser of lot in M Streets; demands against title company as to coverage under owner’s policy; co-counsel in suit against City of Dallas for declaratory relief regarding inverse condemnation and prescriptive easement for undisclosed underground utilities; successfully defeated plea to the jurisdiction in trial court, Court of Appeals (twice) and Supreme Court (once).
Smith v Deneve, 285 S.W.3d 904 (Tex. App. 2009) – successfully defended client’s separate property from claims involving constructive trust and partnership; recovered judgment for declaratory relief and all attorneys fees and upheld on appeal.
DISTRICT AND COUNTY COURT CASES
Business, Consumer and General Litigation
- recovered $1,000,000.00 verdict plus attorneys fees for small business owner in partnership dispute.
- representation of plaintiff IT company in suit to recover fees under long-term contract and related defense of DTPA claim.
- representation of plaintiff lender in suit against title company for failure to pay on lender’s title policy; causes of action for breach of contract and bad faith / unfair settlement practices; favorable confidential settlement.
- lead defense counsel in federal suit alleging bad faith denial of benefits, breach of contract and negligent claims processing against third party ERISA plan administrator
- local defense counsel for a national restaurant chain in multi-party state court litigation over equipment leasing dispute with claims of conversion, usury and breach of contract.
- suit to determine control over corporate entity in connection with disputed acquisition of controlling interest; defense of claims for breach of fiduciary duty
- representation of purchasers/investors in condominium projects to secure return of investment; fraud claims under Tex. Bus. & Com. Code §27.01, DTPA and for constructive trust.
- defense of trademark infringement, counterclaim for libel and invasion of privacy
- settlement for client to recover damages plus attorneys fees in suit for property loss involving claims of inadequate security, negligence and Deceptive Trade Practices
- represented banks and savings and loans in litigation to collect on notes, suits on negotiable instruments (plaintiff and defendant)
- adversary proceedings in bankruptcy to lift stay, objections and exceptions to discharge.
- recovered favorable settlement for motorist injured by 18 wheeler “side swipe” accident
REAL ESTATE, PROBATE AND TITLE INSURANCE
- representation of homeowner in suit against city and real estate developer for unlawful diversion of surface water and inverse condemnation; favorable confidential settlement.
- Representation in multiparty suit of heir to property in declaratory action regarding validity of HELOC; recovered judgment and funds.
- Representation of purchasers/investors in condominium projects to secure return of investment; fraud claims under Tex. Bus. & Com. Code §27.01, Deceptive Trade Practices and for constructive trust.
- favorable settlement (no damages) defending home builder – remodeling contractor from claims of breach of contract and Deceptive Trade Practice.
- non-judicial foreclosures on commercial and residential real estate
- evictions in commercial and residential property
GENERAL BUSINESS MATTERS; ENTITIES; TRANSACTIONAL
- entity formations – corporations, limited liability companies, limited liability partnership.
- preparation of contracts for real estate transactions, employment, non-disclosure, consulting marketing, software consultants.
- opinion on enforceability of restrictive covenants against commercial structures after residential property re-zoned commercial
- long term lease of warehouse property
- maintain minutes, assist with registration to do business out-of-state for Texas corporations, LLC’s and LLP’s.
- representation of cities to enjoin encroachment on disputed rights of way
- defense of city in suits alleging damages for diversion of surface water
- general legal advice to city councils
- representation of homeowner in suit against city and real estate developer for unlawful diversion of surface water; favorable confidential settlement.
- representation of homeowners in disputes over alleged building code violations, zoning, property seizure and inverse condemnation