Commercial Litigation . Experience
The following are just a few examples of
litigation we have handled:
- Counsel to insurance premium finance company seeking recovery
of millions of dollars in loan proceeds mistakenly advanced
to promoters of a fraudulent insurance program run on behalf
of a national hotel chain. Claims involved included breach
of contract, fraud, fraud in the inducement, conversion,
and numerous agency and alter ego theories. Sustained favorable
partial summary judgment on appeal and settled remainder
of claims favorably for client. (Ariz St. Ct. and S.D. Fla)
- Counsel to one of the parties to a dispute between the
former owners of a corporation. Ten years after the owners
divided the assets of the corporation between them, the
parties disputed the title to real property on which one
of the corporation's stores formerly operated. Claims included
breach of contract, suit to quiet title, trespass to try
title and adverse possession. Obtained a favorable jury
verdict and upheld the verdict on appeal. (Tex St. Ct.)
- Counsel to a foreign savings bank during the liquidation
of its U.S. mortgage lending business. Among the matters
handled were collection actions against the client's former
U.S. executives who alleged that the personal loans they
received were actually bonuses. Obtained a favorable judgment
at trial and sustained the verdict on appeal to the 5th
Circuit. (N.D. Tex)
- Counsel to a major U.S. finance company in litigation
involving the termination of its auto lease finance business.
Claims against the client included breach of contract, fraud
and tortious interference with contract. Case settled at
mediation for near nuisance value. (Tex. St. Ct.)
- Counsel to a former owner of a frozen food warehouse in
arbitration related to clean-up of environmental damage
and property damage. Obtained favorable settlement during
arbitration proceeding. (AAA Houston)
- Counsel to multiple liquidating trusts in bankruptcy proceedings
overseeing pursuit of preference claims, turnover actions
and claim objections. Largest claim handled involved suit
for collection of gross preference amount exceeding $19
million. (D. Del)
- Counsel to numerous preference
and fraudulent transfer defendants in cases filed in both
state and federal courts around the country. Defended claims
in excess of $15 million.
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