SIGNIFICANT PAST AND CURRENT LITIGATION AND TRIAL MATTERS:
Megatel Homes, LLC, et. al. v. Mehrdad Moayedi, United Development Funding, L.P., United Development Funding II, L.P., United Development Funding III, L.P., United Development Funding IV, United Development Funding Income Fund V, UMT Services, Inc., UMT Holdings, L.P., Hollis Greenlaw, Theodore F. Etter, Benjamin Wissink, and Brandon Jester, Cause No. 3:20-CV-00688, in the United States District Court for the Northern District of Texas.
Defense of a RICO action against Mehrdad Moayedi. Jury trial set for September 2024.CADG Erwin Farms LLC, et al. v. Aaron Ipour, Zach Ipour, MCI Secured Income Fund, LLC, MCI Preferred Equity Fund, LLC, MCI Preferred Income Fund II, LLC, MCI Preferred Income Fund IV, LLC, and Megatel Capital Investment, LLC, Case No. 22-2896, in the United States District Court for the Northern District of Texas.
Prosecution of a RICO claim for Plaintiff (affiliate of Centurion American) against home builder and others.Megatel Homes III, LLC vs. CTMGT Erwin Farms, LLC and CADG Erwin Farms, LLC (Defendants) vs. Pulte Homes and Beazer Homes (Intervenors); Cause No. 219-01995-2021; in the 219th Judicial District Court of Collin County, Texas.
Defense of real estate developer (affiliates of Centurion American) and home builders in a suit for damages, specific performance and tortious interference with contract. Jury trial set for February 2024.Herschel Issakharian d/b/a Dallas Home Fabric Center LLC v. Sostecke Real Estate Co., Ltd., Cause No. DC-20-01713, in the 191st Judicial District Court of Dallas County, Texas.
Defense of landlord for alleged wrongful termination of a commercial tenant and alleged damage to tenant inventory. The case was tried for one (1) week to a jury on October 30, 2023. Before submission of the charge to the jury, the trial court directed a verdict in favor of landlord dismissing tenant’s $2 million inventory damage claim. Subsequently, the jury returned a verdict of zero damages on tenant’s damage claim for wrongful termination.DB/NL MHP Dallas Sunset LLC, a Texas Limited Liability Company v. Jackson R. Wyatt, Jr., Cause No. DC-22-14100; in the 14th Judicial District Court of Dallas County, Texas.
Prosecution of case for Plaintiff (real estate investor) for specific performance of RV Park due to breach of contract by Defendant. Jury trial set for March 2024.Renate Nixdorf GmbH & CO. KG and Watercrest Partners, L.P., v. TRA Midland Properties, LLC., et al, Cause No. DC-13-13354, 191st Judicial District Court, Dallas County, Texas
Successful defense of an alleged $40 million fraudulent conveyance case under the Texas Uniform Fraudulent Transfer Act. A full defense verdict was achieved after a three (3) week jury trial (March 2023).David M. Clapper, et.al v. American Realty Investors, Inc., et al, Cause No. 3:14-CV-02970-D, US District Court, Northern District of Texas, Dallas Division
Successfully obtained a defense verdict and take-nothing judgment after a three-week jury trial for corporate clients being sued in excess of $230 million for Federal Rico claims and fraudulent transfer of commercial assets (May 2021).Lance McGregor Ketko v. Sharon Ketko, Cause No. 219-4535-2019, 219th District Court, Collin County, Texas
Successfully obtained a defense verdict and take-nothing judgment on behalf of client in a dispute involving the existence of a partnership and suit for damages (July 2021).Lakefront Trail Rockwall Hotel v. Albertelli Construction, Inc., et al, Cause No. 1-17-0359, 382nd District Court, Rockwall County, Texas
Obtained judgment for hotel owner for damages in excess of $2 million against general contractor and its company executive regarding the commercial development of a hotel in Rockwall, Texas (2019).Rayford-Richard Property, LP, David Ikeler, et al v. Robert Turk, et al, Cause No. 2016-70763, 152nd District Court of Harris County, Texas
Successful prosecution and settlement of 17 lawsuits in Harris County involving partnership disputes, breach of fiduciary duty and dissolution of all real estate partnerships (2018).J7 Contractors v. OneOk Partners, LP, Cause No. 09-172-A, 77th District Court, Freestone County, Texas
Successful prosecution of a multi-party case against the owner of a natural gas pipeline in Colorado, regarding a multi-million dollar damage claim due to breach of contract in the construction of the gas pipeline in Colorado. Confidential settlement reached.Rhonda Shelton, as next friend of Ashley Pavelko, a minor v. Discovery Tours, et al Cause no. 02-06189, 14th District Court, Dallas County Texas
Successfully obtained a trial verdict and judgment in the amount of $17,262,595.89 for 14-year-old minor catastrophically injured with scores of other minors in a bus crash on I-20 in Kauffman, Texas. Confidential settlement obtained after jury verdict.Roberta Bosworth v. Brian Bosworth, Cause No. 296-040982012, 296th District Court, Collin County, Texas
Unsuccessful trial verdict after one-week jury trial to set aside a deed based upon fraud perpetrated by brother against his sister.Shaddock Developers, Ltd. v. C&P Engineering; Cause No. 09-05034, 162nd District Court, Dallas County, Texas
Successful prosecution of engineers in malpractice and negligence action regarding the construction of a multi-family subdivision. Confidential settlement reached.Russel Hoff, et al v. Casablanca Condominiums HOA and Scott Streit Cause No. 08-12922 95th District Court, Dallas County, Texas
Successful prosecution representing multiple condominium owners against their HOA and fraud committed by the HOA Board President. Confidential settlement reached.107090 Parkway Ltd., v. David McDavid, Trustee and Steve Dieb, Cause No. 05-00-01362: 5th District Court of Appeals, Dallas, Texas
Successful defense of alleged breach of real estate purchase contract and successful counter-claim for damages in trial verdict and appeal to the Texas Supreme Court.Daniel Dewald v. Home Depot, Cause No. 04-06862, 134th District Court of Dallas County, Texas
Successful prosecution of wrongful termination and defamation. Case concluded with a confidential settlement after a successful appeal to the Dallas Court of Appeals.Shumate Installations, Inc. v. Patella Manufacturing, Inc., Cause No. 97-10452; Dallas County, Texas
Successful prosecution of breach of contract against general contractor in a high-rise construction case. Confidential settlement reached.Raul Juarez v. Barnes Real Estate Services, et al, Cause No. 96-05811-B, 44th District Court of Dallas County, Texas
Successful prosecution of personal injury case against owner of apartment complex. Confidential settlement reached.Gunn, et al v. Brice Foods and I Can’t Believe It’s Yogurt, Ltd., Cause No. 95-01770-E, 101st District Court of Dallas County, Texas
Successful trial verdict after two-week jury trial and judgment in excess of $1.5 million against yogurt company for product fraud and breach of franchise agreement. Confidential settlement reached after successfully defending verdict on appeal to the Dallas Court of Appeals.L&L Manufacturing, Inc. v. Phillip Vogel & Co., Cause No. 85-16484; 193rd District Court of Dallas County, Texas
Successful prosecution of accounting firm and its partner for accounting malpractice, fraud and breach of fiduciary duty, etc. Confidential settlement reached after two-week trial during jury deliberations.Ruthie Alford v. Michael Endler, MidSouth Baking Co., LLC., et al, Cause No. 06-250A, 77th District Court, Freestone County, Texas
Successful prosecution of personal injury claims resulting from an 18-wheeler collision. Confidential settlement reached.Jason Harper and Summer Smith, as Parents of Gracie Smith, a minor v. Economy Inn Motel, Cause No. 74726-CV- 23rd District Court of Brazoria County, Texas
Case involved successful prosecution of serious hand injuries and amputation of fingers to a child. Confidential settlement reached.Joan Wolfe v. AH Robbins, et al, Cause No. 141-178145-99; 141st District Court, Tarrant County, Texas
Successful Phen-fen prosecution against pharmaceutical company for damages to client’s heart valve and other personal injuries. Confidential settlement reached.Timothy Gary Hutchens v. Smith & Nephew, Cause No. DC-13-13707; 44th District Court, Dallas County, Texas
Successful prosecution against manufacturer of defective hip implant device for personal injuries and products liability. Confidential settlement reached.
MEDICAL MALPRACTICE:
Daniel & Linda Ortman v. Tenet Hospital d/b/a Doctors Hospital, et al; Cause No. 00-03949; County Court at Law No. 3, Dallas County, Texas
Successful prosecution of claims against hospital for negligence resulting in brain damage and other personal injuries to a child due to ischemia. Confidential settlement reached after a three-week jury trial.Lisa Gann Shear v. Lee Clayton, D.D.S., Cause No. CV-14-0607; 59th District Court, Grayson County, Texas
Successful prosecution of dental malpractice due to injuries caused by osteomyelitis. Confidential settlement reached.Doris and Jeffrey Cheshier v. David Foskick, M.D., et al, Cause No. 92-12184, 160th District Court, Dallas County, Texas
Unsuccessful prosecution of physicians for wrongful death and medical malpractice during heart bypass surgery, due to excess of Protamine.Dennis Cecil v. David Cook, M.D., et al, Cause No. 85-5064, 191st District Court, Dallas County, Texas
Successful prosecution and trial verdict in excess of $1.3 million in damages after two-week trial for brain damage injuries to a child caused during labor due to ischemia and asphyxia.Grinnan v. Craig Thompson, M.D. & St. Paul Hospital, et al; Cause No. 83-10666; 14th District Court, Dallas County, Texas
Successful prosecution against physicians for medical malpractice which resulted in urologic injuries. Confidential settlement reached.
WRONGFUL DEATH:
The Estate of Irene Esther Arancibia v. UTSW Medical Center, et al, Cause No. 04-07439; 192nd District Court of Dallas County, Texas
Successful prosecution of medical malpractice and hospital negligence resulting in wrongful death due to fistula and improper management. Confidential settlement reached after successful appeal.Davis v. Cooper B-Line & Cooper Industries. Case No. 04-1863; 59th District Court of Grayson County, Texas
Successful prosecution of company negligence which caused the wrongful deaths of two (2) employees. Confidential settlement reached.Sheila Shultz, on behalf of the Estate of Darla Blackmon v. UT Medical Branch at Galveston, et al, Case No. COT-01-33769; 52nd District Court of Coryell County, Texas
Successful prosecution of wrongful death due to medical malpractice failure to diagnose and treat pneumonia. Confidential settlement reached after successful appeal.Estate of Craig Calk v. Holiday Inns, Inc., Cause No. 88-9941-B
Successful prosecution of wrongful death due to fall from hotel caused by negligent window installation. Confidential settlement reached.