Recent Projects
Bi-national litigation
We have been involved in litigation which straddles the US-Mexican border. This included presenting expert testimony on the interpretation and application of Mexican law,
forum non conveniens, jurisdictional issues and choice of law.
Probate litigation
We have experience in will contests including claims of undue influence and interference with inheritance rights.
We also have prosecuted and defended claims of breach of fiduciary duty by executors and representatives.
Minority Shareholder Oppression
We have prosecuted and defended claims of minority shareholder oppression. Upon settlement of those claims, we have helped document the ownership transfers that typically occur
Constitutional Claims
We recently obtained a favorable ruling on behalf of the City of El Paso upholding the constitutionality of an ordinance limiting the population of beneficiaries of employee benefits. The Federal Court initially enjoined the enforcement of the ordinance but reversed its position after briefing for the permanent injunction.
The Court's denial of the permanent injunction can be found here.
Arbitration
We recently completed arbitration of an employment claim and of a construction claim. We have experience using the AAA as well as local attorneys as arbitrators.
Breach of Fiduciary Duty
We have handled a number of breach of fiduciary duty claims against directors and officers of closely held corporations, LLCs or limited partnerships.
Attorney General Prosecution
We recently defended a small businessman who was the subject of a civil action by the Attorney General for alleged violation of certain mortgage banking regulations. After the trial court granted the Attorney General a summary judgment on virtually all claims, the El Paso Court of Appeals reversed and rendered on all counts.
That opinion can be viewed here.
Title VII
We regularly handle the defense of Title VII and other employment related claims. We lost a trial of such a case several years ago but, with the help of attorney Joe Hood, the Texas Supreme Court has agreed to hear the case. The main issues presented by the case are the admissibility of certain evidence and the reasonableness of attorney's fees.
The Court of Appeals' opinion can be viewed here. The Supreme Court has not yet scheduled the matter for argument.
Insurance Code Violations
We recently concluded a claim against an insurance company arising from a fire loss. On behalf of the insured, we alleged violations of the Insurance Code and common law bad faith. After completing an appraisal process as called for under the policy, the case settled.
Breach of Contract
We prosecuted a breach of contract claim arising from the failed sale of an apartment complex. After the Court granted partial summary judgment in our favor, the case settled. We also obtained a summary judgment for a buyer of land in a Federal Court lawsuit when the land which was the subject of the contract violated zoning restrictions.
Professional Liability
We have accepted certain claims against professionals whose conduct has breached the relevant standard of care and caused damage.
Consumer Protection
We tried a suit and obtained a judgment against the seller of a defective home. After minimal collection efforts, the judgment was paid.
