Product Liability

Results:

The Firm, through a joint venture with other attorneys, pursued recovery on behalf of Texas and Mississippi homeowners whose homes were built with a defective product. The Firm presented the facts to juries in several cases tried on the issue of the defective nature of the product. Success in those trials and development of the proof of defect in the product ultimately led to a mediated settlement that benefited the interests of all clients.* 

*Selected case summary and not a guarantee of future results. 

Contractors

The representation of contractors has included not only the defense and prosecution of claims, but also the avoidance of claims through pre-construction contract review and negotiations.

Results As Plaintiff: 

Upon completion of work on a project, the owner refused to pay the mechanical contractor for services performed, resulting in the commencement of a lawsuit against the owner. After successfully establishing that the work was performed properly, the owner was ordered to pay for the work.*

Results As Defendant:  

A trench collapsed injuring a worker. The worker sued the general contractor and the trenching subcontractor. By allocating fault to those responsible for the excavation work, the general contractor was able to avoid a financial loss.*

*Selected case summary and not a guarantee of future results. 

Personal Injury

Results:

The Firm pursued a claim for an individual killed in a gas rig explosion that caused the greatest loss of life on a land-based domestic gas rig at the time. Based on the development of the evidence of why the event occurred and why it could and should have been avoided, a significant mediated settlement was achieved.*

*Selected case summary and not a guarantee of future results. 

Soils Engineers

Results: 

A series of claims were made by homeowners complaining of problems with the foundation of their homes. When the homeowners sued the builder, the builder sued the design team. As a result of the explanation of the roles of the various participants in construction, the builder was persuaded to dismiss its claims against the soils engineer.* 

*Selected case summary and not a guarantee of future results. 

Mechanical Engineers

Results: 

The owner of a high-rise building alleged that the design of the mechanical systems for the building was defective. As a result of a prompt and detailed technical response to the claim, the fault of the mechanical engineer was minimized and a reasonable settlement was reached during mediation.* 

*Selected case summary and not a guarantee of future results. 

Local Counsel Services

Members of the Firm have enjoyed a many decade relationship with the local Judiciary.  The Firm can and does provide e-services as trial counsel with primary responsibility or as local counsel with a defined role.

Design Professionals

Results:

A summary dismissal of claims asserted against one of the world’s largest architectural firms was obtained in a case which established the law in Texas as regards to the application of the Statute of Repose to architects involved in disputes with municipalities. In that case, the Court ruled that the ten-year Statute of Repose barred a suit brought against the architectural firm despite the fact that the time limitation for filing suits does not normally apply to municipalities. The Court found that even though the design defect complained of in the suit was not discovered until immediately prior to the filing of suit (two years from accrual of the cause of action is the normal amount of time a Plaintiff has to sue for negligence), the fact that the project was substantially completed more than ten years before suit was filed entitled the architect to dismissal.*

A demand letter was received from representatives of the estate of an individual killed when an allegedly defectively designed structure collapsed. The prompt, detailed response to that demand letter, coupled with an accurate analysis of the applicable law, convinced the claimants to seek other relief. Accordingly, the architect was saved the substantial costs of defense and lost billable time, which necessarily would have resulted had suit been filed.*

An architect was accused of negligence in the design of a shopping center which gave rise to a personal injury claim by a shopper. Following a trial, the jury refused to find the existence of any negligence on the part of the architect.*

*Selected case summary and not a guarantee of future results. 

Civil Engineers

Results: 

 A case involved a claim asserted by a developer who was experiencing problems with the buckling of the floors and sidewalks of a shopping center. During the jury trial, it was shown that the civil engineer had performed its work properly and that the developer’s own negligence was the cause of the problems with the shopping center. Accordingly, the jury found no liability against the civil engineer on the fourteen claims asserted by the owner against the civil engineer. Significantly, one of the nation’s largest insurers of design professionals chose to utilize this case as an example of its service and commitment to clients in a national advertising campaign.

Structural Engineers

Results: 

A structural engineering firm was sued for design defects by the original owner more than ten years after substantial completion of a hotel. For the first time, the Texas Supreme Court declared that the Statute of Repose applied to the claims of the original owner, even when the claim was founded on the contract. Thus, the claims asserted against the structural engineer were dismissed.* 

*Selected case summary and not a guarantee of future results. 

Bankruptcy Litigation 

The Firm has responded to claim objections and has made claims on behalf of clients involved in or subjected to bankruptcy proceedings.