Huntsman Corporation v. Credit Suisse Securities (USA), L.L.C. et. al
Assisted in the representation of Plaintiff Huntsman against Credit Suisse
and Deutsche Bank in connection with the failure to fund a $15 billion
merger between Huntsman and Hexion, of Columbus, Ohio.
The litigation was resolved during trial for $1.7 billion, of which $632
million was cash, and $1.1 billion was loaned on favorable terms.
H.B. Zachry v. ABB Lummus Global
Represented Plaintiff H.B. Zachry in dispute concerning construction costs
and delay expenses with respect to the building of
$700 million ethylene cracking plant. Following two years of litigation, as Plaintiff
we achieved a favorable settlement that remains confidential at the Defendant's request.
Joe Fogarty et al. v. Daniel I. Barness et al.
Represented the Claimants before the American Arbitration Association.
The suit was filed after clients were defrauded at an earlier mediation.
After a week-long trial, the Arbitrator found our clients had indeed been
Daniel J. O'Hare et al. v. Vulcan Capital, LLC et al.; No. SA-04-CA-566-H
(Consolidated) No. SA-07-CA-297-H; In the United States District Court
for the Western District of Texas
In February 2010 John Black and his former partner Jean Frizzell obtained
a jury verdict in San Antonio federal court holding two individuals (Kevin C. Davis and Ford Graham) personally liable
for fraud and statutory fraud for entering into a settlement agreement
with no intention of performing. In October 2004, after litigating a business
dispute in San Antonio federal court during temporary injunction proceedings,
a settlement was reached. But the settling Defendants did little to honor
their contractual obligations and instead spent nearly a year stringing
Plaintiffs along; they asked Plaintiffs for more time, claiming they had
no money while consistently filing papers in federal court acknowledging
the settlement. Ultimately, O'Hare and Stewart sued to enforce the
settlement agreement. The Defendants and their new counsel then reversed
course entirely. The Defendants, armed with new lawyers, argued that no
settlement existed, and alternatively, that the agreement was vague, fraudulently
induced, and had conditions O'Hare and Stewart failed to meet. In
addition, the Defendants engaged in a campaign intended to discourage
any collection efforts undertaken by Plaintiffs and their attorneys; they
sought to sanction and disqualify O'Hare's and Stewart's lawyers,
and filed an entirely new suit in North Carolina, which included as Defendants
Stewart's young son and nephew. The lawyers from our firm fought back—
ultimately, Judge Orlando Garcia denied the motions for sanctions and
the motion to disqualify, and ordered the North Carolina case to be transferred
to San Antonio. Shortly after consolidating the two cases, we filed a
motion for summary judgment. The result: Judge Hudspeth dismissed each
and every one of the Defendants' defenses, collectively calling them
"remarkable." In addition, Judge Hudspeth found that the settlement
was valid and enforceable, and granted summary judgment on Plaintiffs'
contractual claims of $2,000,000. Therefore, all that remained to be tried
was Plaintiffs' fraud claim. Shortly before the first trial setting
in September 2009, Kevin Davis filed personal bankruptcy and sought to
have the fraud case litigated in New York as an adversary proceeding.
Plaintiffs successfully lifted the stay and persuaded the New York Bankruptcy
Court to have the matter litigated in Texas. A new trial setting was scheduled
for February 16, 2010. The weekend before trial, the Defendants bankrupted
another entity, but we aggressively resisted efforts to further delay
the trial. After nearly six years of litigation, trial began. After a
three-day trial, the jury returned a verdict for Plaintiffs O'Hare
and Stewart in under 90 minutes. The verdict, which found Graham and Davis
equally liable for the fraud, included $1,962,000 in actual damages and
another $6,000,000 in punitive damages for a total of $7,962,000, which
sum is in addition to the $2,000,000 on the summary judgment and fees
exceeding $1,000,000. The lawyers were hired on a one third contingent
fee arrangement, but have not yet collected any monies for the client.
Collection efforts are ongoing.
Greenfield Energy, Inc. et. al v. EOG Resources, Inc. et. al.
Handled international oil and gas contract dispute over Trinidadian oil
and gas field for Canadian company against group of Trinidadian companies
and Houston oil and gas major. Clients obtained a confidential settlement
from all Defendants, including a handful of businesses that are located
and operate in Trinidad.
Shor et al v. The Zephyrus Corporation
After a three-day jury trial in Corpus Christi, Texas, we obtained a unanimous
federal jury verdict in favor of our clients, Toby Shor and the Seashore
Investments Management Trust, in a constructive trust suit involving the
fraudulent purchase and acquisition of a luxury sport fishing yacht. It
took the jury less than two hours to find that Paul Black had engaged
in fraud and breach of fiduciary duty when acquiring the luxury yacht,
which was ultimately placed in Marshall Islands company that was transferred
to his father, James Black. In rendering its verdict, the jury answered
all issues submitted in favor of our clients.
In fact, the only
question the jury had of our client while deliberating the matter was whether they
could also award her money damages.
Matthew Minnis and Cullen 130 LLC v. Citrin Holdings LLC and Jacob Citrin,
Case No. 2006-78939
After a three-week jury trial, John Black and his former partner Jean Frizzell
obtained a unanimous jury verdict in favor of our clients Matthew Minnis
and Cullen 130 L.L.C. against Jacob Citrin and Citrin Holdings L.L.C.
in a suit involving the breakup of their partnership to develop and own
air and sea cargo facilities across the United States. The jury awarded
our clients more than $29 million in actual damages and $14 million in
punitive damages. The parties will be trying the issue of attorneys'
fees to the Court in the near future. In March of 2007, Mr. Citrin dissolved
the limited liability companies formed pursuant to his partnership with
Mr. Minnis, but did not liquidate or distribute any of the assets or proceeds
to Mr. Minnis or Cullen 130. Defendants denied the existence of any partnership
and all other claims. The jury found for our clients on all claims, including
the existence of the partnership, and found the defendants liable for
fraud, breach of fiduciary duty, breach of contract, breach of partnership
agreement, conspiracy, aiding and abetting and malice.
Toby Shor and Seashore Investments v. PBF Investments, Ltd; Paul Black,
BNP Holdings, Ltd; BNP Commercial Properties: AAA No. 70 198 Y 00161 19 03
After a two week arbitration hearing, John Black and his former partners
Jean Frizzell and Jeremy Doyle
obtained an award in favor of our clients Toby Shor and the Seashore Investments Management Trust against PBF Investments,
Inc, Paul Black, and a number of related entities, in a dispute involving
jointly-owned oil and gas and real estate businesses. A panel of three
arbitrators awarded our clients more than $31 million against Mr. Black
individually, and more than $26 million against his affiliated entities.
The amounts awarded included $5 million of punitive damages against Mr.
Black personally, and recovery by our clients of more than $2.5 million
of attorneys fees and expenses. The arbitrators ruled in our clients favor
on all claims, including claims for breach of contract, breach of fiduciary
duty, and fraud. In addition, the arbitrators found that all claims asserted
against our clients were without merit. Mr. Black and his entities filed
the arbitration and sought more $64 million in damages from our clients
on their claims, but were awarded nothing.
The dispute arose out of a ten year business relationship in which our
clients were investors in certain oil & gas and real estate businesses
operated by Mr. Black. By March 2008 our clients were owed millions of
dollars on overdue promissory notes, and began asking questions about
why they had not been paid. When Mr. Black failed to provide answers,
our clients filed a lawsuit to compel access to information. Mr. Black
responded by announcing his intention to terminate the business relationship,
and resisted our client's requests for access to information. As a
result of a number of contested hearings, the parties were ordered to
engage in discovery. Then, after months of stonewalling and additional
hearings, we received information showing that Mr. Black had siphoned
millions of dollars from the businesses for his personal use.
In an effort to avoid further court-ordered discovery, and to cast themselves
as plaintiffs, Mr. Black and his entities eventually filed the arbitration
proceeding, asserted that our clients' actions and lawsuit had destroyed
the businesses, and sought more than $64 million in damages. Our clients
filed counterclaims in the arbitration for breach of contract, breach
of fiduciary duty, and fraud. The resistance to discovery continued throughout
the arbitration proceeding, necessitating multiple motions to compel in
that forum as well. The case went to final hearing in June 2010.
SWEP v. ASAP Masonry
Represented the defendant in a breach of contract, fraud, and breach of
fiduciary duty lawsuit that involved a family's fireplace surround
business. After a two-week jury trial, we defeated all of the plaintiff's
claims, and obtained a verdict in our client's favor.
Corenegery, LLC et al v. Devon Energy Production Company, L.P.
Represented Plaintiff Corenergy, LLC, a co-owner of an oil & gas prospect,
in case against Devon Energy, the other co-owner and operator of the prospect,
alleging claims of fraud and breach of contract in connection with the
handling of that prospect. After being accused of filing a frivolous suit,
we settled the case favorably for the client a few days before trial.
New Century Financial v. Hisaw Construction Co.
Represented Plaintiff New Century Financial at jury trial in Dallas, Texas
in breach of contract case regarding the factoring of certain business
invoices. Was hired by co-counsel one week before trial, and after all
discovery had been completed. The Jury returned verdict in favor of Plaintiff
on all issues and awarded all attorneys fees requested.
In re Friede Goldman Halter, Inc.
Represented Barry J. Galt and other former directors of Halter Marine Group
in securities fraud matter arising out of the failed merger of Friede
Goldman and Halter Marine. Our clients collectively faced potential exposure
in the hundreds of millions of dollars. The matter was successfully resolved
as part of a confidential settlement.
In re Christopher Sean Byrd
Represented a former Texas state jail inmate on a pro bono basis –
Mr. Byrd had been attacked by a guard and was left in a coma for weeks.
Without the need of filing suit, we negotiated a confidential settlement
approved by the Governor of Texas. We refused to take a fee, and successfully
negotiated releases of all the client's medical liens.
Rancho del Austin, L.L.P. v. Panahpour
Represented the general partner responsible for managing a handful of very
valuable commercial real estate properties in a lawsuit brought by its
limited partner. The suit alleged damages in excess of $20 million. Our
client, in turn, asserted its own counterclaims. We successfully defeated
the plaintiff's claims on summary judgment, and were left only with
our counterclaims to litigate. As a result, the Court realigned the parties
making our client– formerly the defendant– the new plaintiff.
The case settled favorably for our client the weekend before trial.
Amerisource Funding, Inc. v. Trammell Crow Corporate Services, Inc.
Represented Plaintiff Amerisource in a breach of contract, Uniform Commercial
Code action alleging that Trammell Crow knowingly circumvented security
interests of our client, a factoring business. The Defendants asserted
that the filing was frivolous. The case settled shortly prior to trial
for seven figures.
North Houston International, L.L.C. v. Paine Webber Real Estate Investments, Inc.
Represented Defendant Paine Webber in a breach of contract case arising
out of a failed commercial real estate loan transaction. Plaintiff alleged
damages in the many millions. Obtained a summary judgment on all counts
at the trial court level; and later argued the appeal that upheld the
ruling in October 2003.
Union Oil Company of California v. Osprey Petroleum Company
Represented Plaintiff Union Oil Company of California in suit against working
interest owner involving claims for payment of joint interest billings,
and in defense of counterclaims for fraud, breach of contract, and breach
of fiduciary duties. The client hired our team after another large prominent
defense firm had handled the matter for over a year, and was facing trial
against a well-known Houston trial lawyer. The clients also faced potential
exposure on the counterclaims in the hundreds of millions of dollars.
Within months of hiring our team, and following intense discovery, we
obtained dismissal of the counterclaims on summary judgment – the
ruling coming only a few weeks before trial.
Schlumberger Technology Corporation v. Wood Group ESP, Inc.
Represented Defendant Wood Group ESP in a temporary injunction proceeding
before the Honorable Nancy Atlas. Plaintiffs alleged inevitable disclosure
of trade secrets. After a four day hearing on the merits in September
2003, following accelerated discovery, the Court ruled in favor of our
client on all issues. The case settled favorably for our client thereafter.
Victor L.X. Hall v. Dioncio M. Castillo, et al.
Represented a former state jail inmate on a pro bono basis for injuries
he sustained while incarcerated. The allegations included violations of
his Constitutional rights as well as battery. The jury deliberated nearly
six hours before delivering a defense verdict. After trial, Judge Hittner
and his staff singled out Mr. Black and his co-counsel remarking that
the defense was among the best he had ever seen in such a case.