Trial/ Arbitration
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Successfully represented co-owner plaintiff against co-owner defendant for fraud, breach of fiduciary duty and negligent acts with respect to a wildlife safari located in South Texas. After multiple agreed temporary injunctions, the case settled with favorable terms and Plaintiff’s 100% control of the wildlife park.
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Successfully represented defendants in their counterclaim against plaintiffs for breach of contract. Plaintiffs invoiced the defendant for millions of expenses plaintiffs never incurred, which defendants refused to pay. Plaintiff’s original breach-of-contract and negligent-misrepresentation claims were dismissed with prejudice. After a three-day bench trial, the Court awarded our client $4.8 million on its breach of contract claim, plus prejudgment interest.
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Successfully represented defendant when plaintiff obtained a state-court TRO, alleging trespass and breach of a restrictive easement agreement. Plaintiff claimed our client illegally built an access road on plaintiff’s property. The Court disagreed, and sided with defendant. Defendant won multiple summary judgments on plaintiff’s contract claims, and then at pre-trial, plaintiff abandoned its original trespass claim. The Court also awarded our client $200,000 in attorney’s fees, and $50,000 for an appeal. Plaintiff has appealed.
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Successfully represented a plaintiff shareholder in a business dispute at the Port of Brownsville. The case was settled with a confidential agreement.
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The parties litigated their claims in an adversary action until settling in 2016 on terms very beneficial to Posada.
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Successfully represented Diamond in a suit against SSI, alleging product liability, breach of contract, fraud, breach of warranty related to unintentional release of lifeboat hooks.
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Successfully defended Diamond in a suit brought by Pioneer, alleging damages of $300 Million to an undersea methanol pipeline after Hurricane Ivan. Judgment issued in favor of defendants, and plaintiff’s case dismissed.
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Successfully represented plaintiff in a professional malpractice lawsuit against law firm. After two-week jury trial, the case settled for a confidential amount.
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Successfully represented plaintiffs in a lawsuit against defendants for fraud, breach of contract, breach of fiduciary duty, securities fraud, negligence, and gross negligence. Prosecution resulted in a settlement for plaintiffs.
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Successfully represented Diamond in a lawsuit against defendants for fraud, breach of contract and breach of warranty, regarding the failure of a deep-water drilling riser purchased by plaintiffs. Prosecution resulted in a $22.75M settlement for the plaintiffs.
Appeals
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Successfully represented the defendants in their appeal to the Texas Supreme Court from an $80 million jury verdict. At each level, we were able to reduce the plaintiff’s verdict until we reached the Texas Supreme, where the remaining $13.4 million verdict was reversed and rendered in part and remanded to the appeals court.
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Represented plaintiffs in a suit brought by a former client, alleging the firm induced him to accept an inadequate settlement in a suit for divorce from his alleged common-law wife. Successful verdict in Texas Supreme Court.
1999-2000 Served as Briefing Attorney for Justice John Anderson
Opinions issued during term:
Dolcefino v. Turner, 1999
Lawrence v. Texas, 2003