Successfully defended client against claims for fraud, breach of fiduciary duty, and breach of contract arising out of divorce action. Secured dismissal of all divorce-related claims before trial on jurisdictional grounds.
With co-counsel Daniel Scardino, represented patent owner pursuing infringement claims related to fracking technology. Obtained death penalty sanctions against defendant based on discovery abuse, including a finding of willful infringement and permanent injunction.
Represented former officers and directors of hospital system against fraudulent transfer and breach of fiduciary duty claims brought by bankruptcy trustee. Part of trial team that secured a full defense verdict for the defendants.
Appellate counsel for operator of oil and gas disposal well facilities. Successfully pursued a petition for writ of mandamus resulting in the dismissal of lawsuit and order dissolving temporary injunction against operator.
Defended law firm against breach of contract, fraud, and negligent misrepresentation claims brought by former shareholder. Obtained interim arbitral award in favor of firm, then negotiated settlement.
Obtained summary judgment on liability for plaintiff pursuing breach of contract claims based on unpaid production payment obligation. Successfully defended mandamus action challenging summary judgment ruling.
Appellate counsel defending appeal of final judgment in favor of law firm. Obtained appellate court ruling upholding trial court’s sanctions order, judgment for unpaid attorney’s fees, and dismissal of claims for breach of fiduciary duty as a matter of law.
Representation of manufacturer in federal multidistrict litigation involving pelvic mesh products. Managed motions practice for all MDL cases handled by the firm.
Along with Abe Kuczaj and Ryan Squires, represented hundreds of property owners in property damages claims arising out of the Bastrop County Complex Fire. Successfully handled interlocutory appeal of lawsuit, obtaining a favorable ruling for all clients on complex limitations issues related to the American Pipe tolling doctrine.
Representation of law firm in appeal of an order denying arbitration. Successfully obtained an appellate court judgment that the plaintiff’s attempts to manipulate the judicial process resulted in a waiver of the right to arbitrate.
Co-representation of plaintiff in a section 1983 civil rights case. Obtained order denying the defendants’ Rule 12(b)(6) motion and permitting expedited discovery of the identity of officers involved in the incident.
Representation of law firm against claims of fraud, malicious prosecution, section 1983 constitutional violations, and abuse of process. Obtained order dismissing all claims against firm as a matter of law.
Representation of political campaign against claims of alleged Election Code violations in a gubernatorial election.
Defended a Texas law firm against claims for sanctions arising from its representation of Mississippi silicosis clients in multi-district litigation. Obtained favorable rulings at the trial court and the Mississippi Supreme Court.
Selected Cases
In re: McBride Operating, LLC, No. 12-22-00279-CV, 2022 WL 17828401 (Tex. App.—Tyler Dec. 7, 2022, orig. proceeding)
Hogg v. Lynch, Chappell & Alsup, P.C., 553 S.W.3d 55 (Tex. App.—El Paso 2018, no pet.)
Asplundh Tree Expert Co. v. Abshire, 517 S.W.3d 320 (Tex. App.—Austin 2017, no pet.)
Crisp v. Dutton, 2015 WL 7076483 (W.D. Tex. Nov. 12, 2015) (Lane, M.J., Report & Recommendation)
Hogg v. Lynch, Chappell & Alsup, P.C., 480 S.W.3d 767 (Tex. App.—El Paso 2015, no pet.)
St. Paul Fire & Marine Ins. Co. v. Petroplex Energy, Inc., 474 S.W.3d 454 (Tex. App.—Eastland 2015, pet. dism’d)
Choctaw, Inc. v. Campbell, Cherry, Harrison, Davis & Dove, 965 So.2d 1041 (Miss. 2007)
