Poston v. Wachovia Mortgage Corp., No. 14-11-00485-CV, 2012 WL 1606340 (Tex. App.—Houston [14th Dist.] May 8, 2012, pet. denied) (mem. op.)
Successfully defended on appeal a summary judgment awarding more than $500,000 in damages for breach of a promissory note.
Baisden v. I’m Ready Productions, Inc., 693 F.3d 491 (5th Cir. 2012), cert. denied, 568 U.S. _____ (U.S. March 18, 2013)(No. 12-803)
Complete defense victory, including declaratory judgment and substantial award of costs after nine-day federal court jury trial in lawsuit brought by nationally syndicated radio host and book author against production company, DVD distribution company, and national promoter. The Plaintiff had asserted claims for copyright infringement, unfair competition by misappropriation, breach of contract, civil conspiracy, and tortious interference with business relations. Prevailed on appeal before the Fifth Circuit Court of Appeals and responded to Petition for Writ of Certiorari to United States Supreme Court, obtaining denial of petition and final affirmance of verdict in favor of clients.
Navasota Resources, L.P. v. First Source Texas, Inc., 249 S.W.3d 526 (Tex. App.-Waco 2008, pet. denied)
On behalf of an oil and gas exploration company, obtained reversal of an adverse trial court ruling and rendition of an appellate judgment enforcing a preferential right to purchase oil and gas leasehold interests.
Preferential Right Litigation
Representing an oil and gas exploration company in litigation involving the enforcement of a preferential right to purchase.
Business Tort and Fiduciary Litigation
Representing a publicly traded energy company in litigation involving ownership disputes and allegations of breaches of fiduciary duties.
Financial Transactions Litigation - Fraud and Fiduciary Duty Litigation
Represented a national bank in litigation involving numerous multi-family properties located in several states, commercial mortgage-backed securities, and allegations of fraud and breaches of fiduciary duty.
Joint Operating Agreement Litigation
Represented numerous oil and gas exploration companies in litigation involving joint operations.
Dynegy Inc. Securities and Derivative Litigation
Represented Dynegy Inc. in putative securities class action and in shareholder derivative suits arising from allegations of fraudulent accounting treatment of certain energy contracts and a natural gas transaction, and from purported energy market manipulation.
Neeley v. West Orange-Cove Consolidated Independent School District, 176 S.W.3d 746 (Tex. 2005)
Persuaded the Texas Supreme Court to strike down the Texas public school finance system on constitutional grounds; this decision was the culmination of a four- and-a-half year effort, including a previous successful appeal to the Texas Supreme Court and a successful five-week bench trial.
Power Plant and Power Purchase Agreement Arbitration
Represented an energy company in an arbitration involving a long-term power purchase agreement and the design and construction of an 1100 megawatt electric power plant.
Securities Class Action Litigation
Represented a publicly traded energy company in securities class action and shareholder derivative litigation.
Vehicle Financing and Business Tort Litigation
Represented a national bank in litigation involving commercial vehicle and business financing and allegations of fraud and business torts.
Area of Mutual Interest Agreement Litigation
Represented oil and gas exploration and production company in litigation involving rights under an area of mutual interest agreement.
Asset Divesture Litigation
Obtained dismissal by summary judgment of fraud and breach of warranty claims arising from the sale of an offshore oil and gas lease. Plaintiff alleged that the seller misrepresented and failed to disclose information concerning the condition of a well bore on the lease and sought damages in excess of $40 Million.
Represented an energy company in a private party Superfund litigation that was tried in federal court in Houston, Texas, obtaining a judgment for cost recovery.