- Konor Cormier - Cause No. 2013-36621A; Benjamin Lawsky, Superintendent of Financial Services for the State of New York v. SureTec Insurance Co.; In the 61st Judicial District Court of Harris County, Texas. MehaffyWeber represented the Superintendent in his efforts to collect on an earlier $28 million judgment against an individual debtor. MehaffyWeber served SureTec Insurance Company with a writ of garnishment over $438,000 alleged to belong to the judgment debtor. Both SureTec and an intervening party contested the garnishment and disputed the debtor’s ownership of the funds. The case proceeded to trial and, after hearing evidence, the Harris County jury found that the judgment debtor did have title or ownership of the $438,000 held by SureTec. The Honorable Erin Lunceford entered judgment finding the garnishment was proper and ordered the release of the funds to the Superintendent.
- M.C. Carrington recently concluded a 4 ½ month trial in which he led a team that obtained a unanimous verdict in favor of a private equity firm involved in a leveraged buyout. The jury deliberated 8 days before finding that the Defendant, another private equity firm acting as a lender, failed to act in good faith and that its actions in an attempt to take control of the company made the subject of the leveraged buyout were invalid, violated Texas corporate law and did not comply with Texas corporate governance. As a result, the attempted corporate takeover by the Defendant private equity firm was invalid and Carrington’s client still is the legal owner of the company. In addition, the jury unanimously found in favor of Carrington’s client on each of the counterclaims filed by the Defendant which sought damages in excess of $157,000,000 dollars. The case was tried in the 60th District Court of Jefferson County, Beaumont Texas.
- Konor Cormier - Cause No. 1038563; B&G Food Enterprises of Texas, LLC vs. Mohsen Akbar Pour; In the County Court at Law No. 2, Harris County, Texas MehaffyWeber represented a Taco Bell franchisee whose street front sign and property were destroyed in an auto accident. Defendant argued that he had swerved to avoid an intoxicated pedestrian. Plaintiff argued that the Defendant was negligent because he swerved across four full lanes of traffic and a sidewalk before hitting a sign a few hundred yards away. The jury found the Defendant 51% negligent and the pedestrian 49% negligent. The jury also found that the Defendant was 70% responsible for trespass and the pedestrian 30%.
- Barbara Barron and Frank Domino - No. 4:13;CV;1183; Clark Collins v ABB, Inc., et al, in the United States District Court, Southern District of Texas, Houston Division. Court concluded that valve manufacturer owed no duty under Texas law on theories of strict liability and negligence to warn of alleged dangers arising from use of asbestos flange gaskets and asbestos external insulation in connection with valves made by equipment manufacturer when equipment manufacturer did not supply flange gaskets and did not supply insulation. To review the order, please click here.
- Barbara Barron and Frank Domino - Ford v. Pulmosan Safety Equipment Corp., 831 N.Y.S.2d 353 (2006 WL 3437670). Barbara Jane Barron and Frank A. Domino. Please follow the links to review the Order and the Memorandum.
- M.C. Carrington and Maryalyce Cox in Tom Hampton, et al v. Petrotex Fuels, Inc. in Jefferson County, Texas successfully received a summary judgment on liability in a breach of contract case between a gas station owner and a petroleum motor fuel distributor. They also won damages on a counter claim tried to a jury. Both sides filed motions for summary judgments. Our motion for summary judgment was granted on liability, the case was tried on damages in February 2015.
Attorneys Carrington and Cox continue with a successful string of summary judgments in five premises liability and products liability cases: Bryan Bebee, et al v. Altec Industries, Inc., et al, Polk County, Texas, successfully defended a products liability case in which the plaintiff was electrocuted on a jobsite with a summary judgment on liability. Michael Lamar v. HEB, Inc., Jefferson County, Texas successfully defended a premises liability case and received a summary judgment where the plaintiff claimed he injured his hand while he was a customer of a store. Michael Jiron Edwards v. E. I. du Pont de Nemours and Company, et al, Orange County, Texas, successfully defended a premises liability case and received summary judgment in a railroad crossing case. Robinson v. E. I. du Pont de Nemours and Company, et al, Orange County, Texas, received a summary judgment in a premises liability case in which plaintiff claimed an eye injury at workplace.
Tiffany Adams Dudley v. Kirkland’s Stores, Inc., Harris County, Texas, received a summary judgment in a premises liability case in which the plaintiff slipped and fell in a store.
, Art Almquist, - MehaffyWeber; Thomas Kuhns and Stacey Pagonis - Kirkland Ellis; Daniel Williams and Jimmie Williams vs. The Dow Chemical Co.; Cause No. 35769*RM05, 149th Judicial District Court, Brazoria County, Texas
Michele Smith and Art Almquist of MehaffyWeber with Thomas Kuhns and Stacey Pagnois from Kirkland Ellis won a victory for The Dow Chemical Company in a premises liability case in Brazoria County.
Daniel Williams, aged 75, was diagnosed with lung cancer in 2005. Williams and his spouse sued Dow for negligence and gross negligence alleging that Mr. Williams' cancer was caused by exposure to asbestos in the workplace and that the workplace was unsafe. Dow Chemical contended that it operated its facility in a safe manner, that Mr. Williams' asbestos exposures were minimal and his cancer was caused by his smoking history of at least 35 pack-years. At trial, plaintiffs argued for more than $5,000,000 in damages. Plaintiffs were represented by Waters & Kraus of Dallas, Texas. The jury returned a verdict of no liability in favor of The Dow Chemical Company.
Art Almquist, Sandra Clark, Paul Heyburn -Janie Wolf, et al vs. The Dow Chemical Co.; Cause Number 16383*BH01, District Court of Texas, 23rd Judicial District, Brazoria County,
The Dow Chemical Co. received a defense verdict on February 1, 2008. In 1999, Alton Wolf died of lung cancer, at the age of 65. Wolf's widow and adult children sued Dow for gross negligence, alleging that Mr. Wolf's cancer was caused by exposure to asbestos in the workplace and that the workplace was unsafe. Alton Wolf held various jobs, such as a pipefitter and operator from 1952 to 1987 as an employee of The Dow Chemical Co. in Freeport. Dow Chemical contended that it operated its facility in a safe manner, that Mr. Wolf's asbestos exposure was minimal and his cancer was caused by his smoking history of at least 40 pack-years.
Caryl Richardson, Individually and as Independent Executrix of the Estate of Willis N. Whisnant, Jr., Deceased, et al vs. E.I. du Pont de Nemours and Co., et al; Cause No. E-159,183-Q; District Court of Texas, 172nd Judicial District, Jefferson County; M.C. Carrington, Sandra Clark- MehaffyWeber, Larry Cotten- Cotten Schmidt.
E. I. du Pont de Nemours and Co. received a defense verdict in this case. This trial focused on the claims of Willis N. Whisnat, Jr., a pipefitter employed by B.F. Shaw, a general contractor. His family alleged that Whisnant developed mesothelioma and died in 1999 at 72 years of age as a result of exposure to asbestos while working for B.F. Shaw at DuPont's Sabine River Works from 1966 to 1975.
DuPont alleged that it was not negligent and not a proximate cause of the plaintiff's injury. The jury found that DuPont was not negligent.
Ford v. Pulmosan Safety Equipment Corp., 831 N.Y.S.2d 353 (2006 WL 3437670). Barbara Jane Barron and Frank A. Domino
In a special proceeding instituted under the New York Business Corporation Law they filed a petition in intervention in the New York Supreme Court for Queens County, arguing that a dissolved manufacturer who had been in litigation for decades was still in the process of winding up its affairs, and as such remained subject to suit for contribution and indemnity claims brought by companies sued as alleged distributors of the dissolved manufacturer's products.
The manufacturing defendant then appealed to the New York Appellate Division. For the appeal, Barbara Barron and Frank Domino were hired by numerous companies sued as alleged distributors of the manfacturer's products. The Appellate Division after briefing and oral argument found in favor of the distributors.
Patricia Chamblin, William C. Little and Michele Smith - Heritage Housing Development, Inc. v. Carr, 199 S.W.3d 560 (Tex. App.Houston [lst Dist.] 2006, no pet.). Velma Carr, the widow of a nursing home patient, brought a survival action against our clients, a nursing home, Houston Gardens; its parent corporation, Heritage Housing Development, Inc.; and several individual employees. The suit resulted in a jury verdict against all defendants. A judgment awarded damages of $2,471,199.20 plus post-judgment interest.
On appeal, the defendants' primary contention was that there was no basis for sustaining a judgment against the parent corporation. This was important because, if the judgment against HHD were reversed, there would be no basis for an actual damage award in excess of one article 4590i statutory cap on damages. Carr conceded that there was no basis for recovery against HHD other than vicarious liability based on the negligence of the nursing home staff.
The court of appeals held that there was no evidence to support the judgment of vicarious liability against HHD and reversed and rendered judgment for HHD.
M.C. Carrington and Sandra F. Clark - E.I. du Pont de Nemours and Co. v. Travelers Casualty and Surety Company, et al., Cause No. B-176,143, in the 60th Judicial District Court of Jefferson County, Texas. The suit involved coverage for asbestos costs in personal injury cases.
M.C. Carrington - Luther Fregia vs. H.E. Butt Grocery Company, No. CV68509, in the 253rd District Court of Liberty County. M. C. won a unanimous verdict in favor of HEB in a slip and fall claim.
Patricia Chamblin and William C. Little - CHRISTUS St. Mary Hospital v O'Banion, 227 S.W.3d 868 (Tex. App.-Beaumont 2007, pet. denied). MehaffyWeber successfully handled the appeal of an adverse judgment against a hospital. A widow and children of a patient filed a wrongful death and survival action, contending that their patient's death was proximately caused by his fall in the hospital. The trial court signed a judgment for the plaintiffs on the jury's verdict. The Court of Appeals reversed and rendered judgment for the hospital, holding that the medical testimony of four experts did not provide legally sufficient evidence that the fall proximately caused the patient's death.
Patricia Chamblin- Covington v. Sisters of Charity of the Incarnate Word, 179 S.W.3d 583(Tex.App.-Amarillo 2005, pet. denied). The sister of a deceased patient brought a health care liability claim against a doctor and our client, a hospital. The court of appeals affirmed the summary judgment, and the Texas Supreme Court denied the petition for review.
In its opinion, the court of appeals noted that ordinarily only a personal representative, executor, administrator or heir may sue on behalf of the estate.
Patricia Chamblin - Mahmood v. Fanasch, No. 09-05-134-CV (Tex.App.-Beaumont, Nov. 17, 2005, no pet.) (not designated for publication), 2005 WL 3073786. Mahmood filed a declaratory judgment action against Fanasch, seeking a declaration that a covenant not to compete contained in the parties' agreement was void and unenforceable. The trial court held the covenant not to compete was enforceable.
MehaffyWeber served as co-counsel for Mahmood, the appellant, on appeal. The court of appeals reversed, holding that the covenant not to compete was unenforceable. Accordingly, the court found that the trial court erred in granting injunctive relief against Mahmood.
Paul R. Heyburn and Arthur Almquist - Carol J. Wortham Individually and as Independent Administratrix of the Estate of Hugh Wortham, Deceased v. A.C. & S., Inc., et al., Cause No. 012344*JG-00, in the 239th District Court of Brazoria County. Paul and Art obtained two summary judgments in favor of our client in this asbestos case Patricia Chamblin successfully defended the summary judgments on the plaintiffs' appeal to the 14th Court of Appeals in Houston, which affirmed the judgments.
Elizabeth Pratt - Kari Ellen Kennedy, Independent Executrix of the Estate of William Patrick Kennedy, Deceased v. E. I. du Pont de Nemours and Company and Plan Administrator for DuPont Savings and Investment Plan; Appeal No. 05-41851. In August 2007, Elizabeth, in conjunction with Ray Ripple, Corporate Counsel for DuPont, secured a decision from the United States Court of Appeals for the Fifth Circuit confirming that DuPont had acted in compliance with ERISA in dispensing pension plan funds to a deceased employee's designated beneficiary.
Jeremy Stone and Corey Seel - Cowboy Truck & Equipment, Inc. vs. A.J. Crane Baku, Cause No. 2005-14855, in the 125th Judicial District Court, Harris County. Jeremy Stone and Corey Seel represented A.J. Crane Baku, which was sued by Cowboy Truck for suit on a sworn account and breach of contract related to equipment purchased and installed in a heavy transport truck. A.J. Crane filed counterclaims for breach of contract, fraud, DTPA violations and other causes of action. The jury returned a verdict in favor of A.J. Crane on its defenses, as well as its counterclaims, awarding A.J. Crane substantial damages, including attorney's fees and treble damages for a knowing DTPA violation.
Jeremy Stone - Premiere Holdings of Texas, LP Liquidating Trust v. Sterling Reit, Inc., and Thomas Mathew; No. H-04-916; In the United States District Court for the Southern District of Texas, Houston Division. Jeremy represented Premiere Holdings of Texas, LP Liquidating Trust in a suit for dishonor of a promissory note, breach of contract and fraud against Sterling REIT, Inc. and Thomas Mathew. After obtaining a default judgment against Sterling REIT, Inc. for over a million dollars, trial proceeded against Mr. Mathew, which resulted in a favorable settlement during the first day of the jury trial.