Successfully negotiated resolutions to avoidance claims brought by the Trustee against Hunter SPS and Iron Horse Flow Control Systems. In re: Green Field Energy Services, Inc., Case No. 13-12783 (KG) (Bankr. Del.).
Effectively counseled Hunter Building & Manufacturing and Hunter Leasing on strategy for resolving adversary without further litigation. In re: Lyondell Chemical Company, Case No. 09-10023, Adv. No. 11-1038 (Bankr. Del.).
Represented Defendant in consolidated adversary proceedings involving Plaintiffs’ objections to claims and requests for monetary relief pursuant to Fed. R. Bankr. P. 7001(1), (7), and (9) and U.S.C. §§ 105(a) and 502 that ended in a satisfactory, mutually agreed-upon resolution for the client.
Represented Defendants in a business co-owner dispute involving claims of breach of fiduciary duty, breach of contract, and tortious interference with contract, obtained non-suit with prejudice as to Defendants Kay Norman and Elizabeth Hudson after filing a motion for partial summary judgment, and was part of a coordinated effort among the remaining Defendants and the Gordon Rees Scully Mansukhani, LLP team that negotiated a global agreement to brought permanent closure to the co-business owners’ disputes. Jerry Bayles v. Patrick J. Norman, Cause No. 2015-32975, Harris County, Texas.
Successfully represented Plaintiff in litigation to remove Defendant’s bulk gas storage tanks and to defeat claims of a renewed product supply agreement and breach of contract that involved complex interactions of contract law and certain provisions of the Texas Business and Commerce Code. Hunter Buildings and Manufacturing v. Matheson Tri-Gas, Cause No. 2015-15874, Harris County, Texas.
Collaborated with Plaintiff’s officers to craft and implement a strategy that defeated threat of arbitration in an unfavorable forum, which ultimately resulted in a cost savings, mutually-agreed resolution. Hunter Buildings International v. The Communication Group, Cause No. 2014-42524, Harris County, Texas.
Obtained summary judgment for Defendant Ameriprise Financial Services on Plaintiff’s claims for breach of contract, violations of credit reporting statutes, and violations of debt collection practices statutes. S. Stewart Smith v. Ameriprise Financial Services, Inc., Cause No. D-1-GN-14-002168, Travis County, Texas.
Recovered monies for Plaintiff from various banks that cashed checks, which were not properly payable, when presented by client’s executives as part of an employee embezzlement scheme. Courthouse Direct.Com v. Enterprise Bank, Cause No. 2012-64868, Harris County, Texas.
Represented Plaintiff in a suit on sworn account and successfully negotiated an agreed resolution and payment of former employee’s credit card charges. Lyondell Chemical Company v. Rachel Thomas, Cause No. 1002905, Harris County, Texas.
Obtained summary judgment for Defendant on Plaintiff’s claims for breach of contract and wrongful foreclosure based on inadequate selling price and drafted appellee’s brief resulting in an opinion affirming the summary judgment. New Millennium Homes v. Texas Community Bank, No. 09-12-00073-CV, 2013 WL 645235 (Tex. App.—Beaumont Feb. 21, 2013, no pet.) (mem. op.).
Represented Defendant and Counterclaimant against claims he breached a construction contract, and served as first chair hearing counsel in a five day arbitration resulting in a final order denying Plaintiff’s request for an award of $207,660.98 in damages and awarding client $145,449.14 in damages. Korte Construction Company, Inc. d/b/a The Korte Company v. John Jamar d/b/a John Jamar Construction Services, No. 01-15-0002-6202, Construction Dispute Resolution Committee, American Arbitration Association, St. Louis, MO.
Counseled Plaintiff and shaped litigation in a multifaceted breach of contract action involving a large construction and siting project at Defendant’s manufacturing facility, which litigation lead to a successful resolution of the dispute and sustained business relations. Hunter Site Services LLC v. Invista S.a. r.l.; Civil Action No. 4:15-cv-03453 (S.D. Tex.).
Consumer Finance Litigation
Obtained favorable resolution for Defendant Bank of New York, as Trustee, in lawsuit by homeowner alleging breach of contract, violations of debt collection statutes, violations of credit reporting statutes, violations of the real estate settlement procedures act, and negligence. Hernandez v. Carrington Mortgage Services, LLC, Civil Action No. 4:15-cv-00596 (E.D. Tex.).
Obtained summary judgment for Defendant, drafted briefs and argued appeal in which the court of appeals affirmed in-part and reversed and remanded in-part the summary judgment, and thereafter served as first chair trial counsel in a victorious bench trial involving hotly contested issues of notice of foreclosure. Eleftherios Kaldis v. Aurora Loan Services LLC, No. 14-12-00542-CV, 424 S.W.3d 729 (Tex. App.—Houston [14th Dist.] 2014, no pet.).
Drafted brief on behalf of appellant resulting in an opinion reversing summary judgment in favor of appellee. Deutsche Bank National Trust Co. v. G.P. Matherne, 2011 WL 552723 (Tex. App.—Houston [14th Dist.] Feb. 17, 2011, no pet.) (mem. op.).
Obtained summary judgment in favor of former law firm, bank, and mortgage servicer in multi-party litigation involving claims by homeowners for violations of the truth-in-lending act. Greene v. Wells Fargo Bank, N.A., 2011 WL 798406 (S.D. Tex.).
Obtained summary judgment on behalf of Defendants, drafted appellees’ briefs resulting in an opinion that affirmed in-part and reversed and remanded in-part the summary judgment, and thereafter served as Defendants’ first chair trial counsel in a victorious bench trial involving fiercely contested issues pertaining to the foreclosure on Plaintiff’s rental property. Janos Farkas v. Aurora Loan Services LLC, Cause No. DC-11-02053, Dallas County, Texas; Farkas v. Aurora Loan Services, LLC, 2013 WL 6198344 (Tex. App.—Dallas Nov. 26, 2013, pet. denied) (mem. op.); Farkas v. Aurora Loan Services, LLC, 2017 WL 2334235 (Tex. App.—Dallas May 30, 2017, pet. denied) (mem. op.).
Obtained summary judgment for Defendants on otherworldly claims by Plaintiffs involving bills of exchange and standing to pursue foreclosure. Santarose v. Aurora Bank FSB, 2010 WL 3064047 (S.D. Tex.).
Obtained summary judgment for Defendant on homeowner’s claims alleging their home equity loan did not comply with the lender obligations of those portions of the Texas Constitution controlling home equity lending practices. McCallum v. Wells Fargo Bank, N.A., 2009 WL 3166070 (W.D. Tex.).
Obtained partial summary judgment for Defendant, served as Defendant’s first chair trial counsel in a victorious bench trial in the Western District of Texas, and in a case of first impression involving claims by homeowners that aspects of their home equity loan violated the Texas Constitution, drafted the appellee’s briefs and argued the appeal before the Fifth Circuit Court of Appeals, which opinion affirming the trial court’s judgments in all respects is widely cited as precedent. Cerda v. 2004-EQR1 L.L.C., No. 09-50619, 612 F.3d 781 (5th Cir. 2010).
Drafted brief on behalf of Defendant/appellee resulting in an opinion affirming forcible entry and detainer. Jimmerson v. Homecomings Financial, LLC, 2008 WL 2639757 (Tex. App.—Fort Worth July 3, 2008, no pet.) (mem. op.).
Obtained summary judgment for Defendant on prisoner’s claims under 42 U.S.C. § 1983 after a Spears hearing and after the District Court declined to adopt the Report and Recommendations of the Magistrate. Diaz-Burgos v. Corrections Corporation of America, et al., No. 6:13-cv-00054-C (N.D. Tex.).
Negotiated settlements for several small businesses against claims by Plaintiff for cost recovery, contribution, and declaratory relief under CERCLA and the Texas Solid Waste Disposal Act. USOR Site PRP Group v. A&M Contractors, Inc., No. 4:14-cv-02441 (S.D. Tex.).
Represented Defendants in negotiations to formalize terms of mediated settlement agreement. 902 Tyler Partners v. Wood-Protection Company, No. 9:13-cv-00031 (E.D. Tex.).
Served as second chair counsel for Respondent in a three day arbitration involving claims of breach of contract, negligence, misrepresentation, breach of fiduciary duty, violations of Texas Securities Act, and violations of FINRA Rules of supervision and suitability that resulted in a favorable award for client. Medellin v. Samuel Scott Nelson-Archer, FINRA Case No. 13-01827.
Negotiated pre-hearing resolution for Respondent involving claims for damages arising from broker’s alleged breach of contract; negligence; misrepresentation; breach of fiduciary duty; violations of Texas Securities Ads; and violations of FINRA Rules of supervision and suitability that resulted in a take-nothing award in favor of Respondents. Barnette v. Sanders Morris Harris, Inc., FINRA Case No. 12-02681.
Served as second chair counsel for Respondent in a two week arbitration that involved claims for monetary damages exceeding $2,000,000 arising from broker’s alleged breach of contract; negligence; misrepresentation; breach of fiduciary duty; violations of Texas Securities Ads; and violations of FINRA Rules of supervision and suitability that resulted in a take-nothing award in favor of Respondents. Paul Compton v. H. Beck, Inc., FINRA Case No. 10-3347.
Defended Swett & Crawford against professional negligence claim for monetary damages exceeding $3,000,000 based upon allegations of failure to procure insurance or proper insurance. Menard, Inc. v. Swett & Crawford, Case No. 10-CV-7592, Circuit Court, Milwaukee County, Wisconsin.
Real Estate Litigation
Obtained the dismissal of Plaintiff’s lawsuit alleging claims of breach of contract, violations of credit reporting statutes, violations of debt collection statutes, and negligence and obtained affirmative summary judgments for Defendant and Counterclaimant in suit to quiet title, trespass to try title, declaratory judgment, foreclosure, and forcible entry and detainer causes of action. Griggs v. Aurora Loan Services LLC, et al., No. 4:10-CV-03128 (S.D. Tex.).