Litigation

Litigation is not so much an area of practice but a process by which civil claims are investigated and lawsuits prepared, filed and resolved. Some cases are resolved before trial through settlement using the mediation or arbitration processes. Other cases are tried in a court of law in front of a jury or a judge, and are sometimes appealed. Whatever the lawsuit, its duration, or the end result – the process by which the case proceeds is relatively the same. More importantly, litigation requires a certain skill set and temperament in order to guide a client through the litigation process.

From the client’s perspective, litigation can be a very intimidating and exhausting proposition – both emotionally and financially. Therefore, it is important that clients feel comfortable with who they choose to represent their legal interests in the litigation process and before a court of law, jury or appellate court.

The Firm’s attorneys have more than 42 years’ of collective experience litigating cases in Texas state and federal courts, including Texas and Federal Courts of Appeals and the United States Supreme Court. The Firm understands that the litigation process begins well before a lawsuit is ever filed and whether a case is successfully resolved largely depends upon the client’s goals and objectives.

Some of the Firm’s more significant cases can be found below:

United States Supreme Court:

Warner-Lambert Co., et al. v. Mary Rose Wakefield, In the Supreme Court of the United States, No. 04-1047. Successfully defended against Warner-Lambert Company’s appeal of an $11.15 million dollar jury verdict in wrongful death case involving the prescription drug Rezulin®.

U.S. Fifth Circuit Court of Appeals:

Hartford Fire Insurance Company v. City of Mont Belvieu, Texas and William Industries, Inc.; 611 F.3d 289 (5th Cir. Tex. 2010). Successfully litigated performance bond claim against Hartford Fire Insurance Company which resulted in a jury verdict awarding city $995,000.00. The Fifth Circuit reversed and rendered on appeal in favor of Hartford as a matter of law.

Texas Court of Appeals:

Cernosek Enterprises, Inc., CJN Investments, Inc. and Anthony Cernosek vs. City of Mont Belvieu and Enterprise Products Operating, LLC; 2011 Tex. App. LEXIS 1770 (Tex. App. Houston 1st Dist. Mar. 10, 2011). Successfully defended City against collateral attack of settlement agreement arising under a previous lawsuit entitled City of Mont Belvieu v. Enterprise Prods. Operating, L.P., 2007 Tex.App. LEXIS 1395 (Tex.App. 2007). First District Court of Appeals affirmed trial court decision granting the City’s plea to the jurisdiction and summary judgment.

Texas State Court:

Southwyck Community Association, Inc. v. Southwyck, Section IV Homeowners’ Association, Inc., Cause No. 77417-CC; In the 412th Judicial District Court, Brazoria County, Texas. Successfully represented the master Southwyck Community Association, Inc. against its village Southwyck, Section IV Homeowners’ Association, Inc. to obtain a final declaratory judgment and permanent injunction regarding the interpretation of the applicable declaration in conjunction with Tex. Prop. Code 209.0041(h) prior to its amendment effective Sept. 1, 2015. An appeal is pending.

SignAd, Ltd. v. City of Mont Belvieu and Mont Belvieu Board of Adjustment; Cause No. 23618; In the District Court of Chambers County, Texas, 344th Judicial District. Successfully defended the City against vested right and constitutional challenges to a city zoning ordinance that banned outdoor billboard advertising and prohibited off-premise signs. City prevailed at trial; case settled on appeal.

Marinepar v. Commerce Trading, Inc., International Wood, L.P., Imports International, Ltd., Brazilian Direct d/b/a Commerce Trading, Inc., and Richard W. Neelley, v. Ricardo Slaviero, Mohawk Carpet Distribution, L.P., Mohawk Industries, Inc. and Finest Brazilian Imports, Inc. and d/b/a Finest Floors, Dan Cosgrove Individually and d/b/a Brazilian Direct, Ltd., Cause No. 2006-18031; In the 61st Judicial District Court of Harris County, Texas. Successfully defended individual against personal liability in multi-party complex commercial case involving the financing and international importation of exotic hardwood flooring.

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