BUCK KEENAN CLIENT AWARDED $285,000 TRIAL JUDGMENT IN COMMERCIAL LEASE CASE
Buck Keenan partner J. Robin Lindley represented the landlord in a lawsuit filed in Collin County District Court against a national restaurant chain. The tenant closed the restaurant during the COVID-19 pandemic, and claimed it was excused from its lease obligations due to Force Majeure, impossibility, impracticability and frustration of purpose. The tenant also filed a counterclaim against the landlord alleging breach of contract.
Prior to trial, Lindley obtained a partial summary judgment in landlord’s favor on both the legal defenses and counterclaims asserted by tenant. Following trial, the landlord was awarded damages of $285,000 representing the value of the rents remaining under the term of the lease agreement.
FAVORABLE SETTLEMENT FOR LANDSCAPE SERVICES COMPANY
In Cause No. CC-20-02257-C; LandCare USA L.L.C. v. Marqueu Event Group, Inc. d/b/a Marquee Event Rentals, in County Court at Law No. 3, Dallas County, Texas, Andrew Wright obtained a favorable settlement for the firm’s client, one of the top landscape services companies in North America, after conducting strategic discovery before trial.
FAVORABLE SETTLEMENT FOR HOMEOWNERS
In Cause No. 2019-29049; Joseph Aikins and Tamara Aikins v. Jonathan Jason Smith d/b/a Glenco Services and Matthew D. Webb, in the 333rd Judicial District, Harris County, Texas, the firm’s clients alleged deceptive trade practices act violations and fraud against the seller and termite inspector in connection with their home. After conducting strategic discovery, Andrew Wright settled the matter favorably before trial.
FAVORABLE SETTLEMENT FOR OIL AND GAS SERVICES COMPANY
In Cause No. 2020-17807; Oil States Industries, Inc. d/b/a Acute Technological Services v. Dyna Torque Technologies, Inc., in the 190th District Court, Harris County, Texas, Andrew Wright obtained a favorable settlement for the firm’s client on its breach of contract claim shortly after starting trial.
FEDERAL COURT AWARDS FIRM’S CLIENT $2 MILLION IN DAMAGES
In Case No. 2:19-cv-00777-JB-SMV; Tyler Group Partners, LLC v. Bert Madera and Pitchfork Cattle Company, LLC, in the United States District Court for the District of New Mexico, the firm’s client brought claims for breach of contract and unjust enrichment in connection with Defendants’ sale of one of New Mexico’s largest cattle ranches for $81.6 million. After a bench trial by Mano DeAyala and Andrew Wright, the court awarded the firm’s client $2,040,000 in damages.
FAVORABLE AND SPEEDY SETTLEMENT IN REAL ESTATE DISPUTE
FAVORABLE SETTLEMENT FOR NATIONWIDE REAL ESTATE LENDER
In Case No. 4:20-cv-03867; Vanessa Garrett Jackson v. EK Real Estate Services of NY, LLC et al. in the U.S. District Court for the Southern District of Texas, the Plaintiff alleged violations of the Texas Deceptive Trade Practices Act, Truth in Lending Act, and Usury, against the firm’s client in connection with a real estate transaction and sought damages in excess of $200,000, mental anguish and exemplary damages, plus her attorney’s fees. After removing the case federal court, attorneys Andrew Wright and Helen McLaughlin obtained a favorable settlement for the firm’s client.
A HOUSTON COURT OF APPEALS GIVES NEW INSIGHT INTO THE DEFINITION OF “WILLFUL MISCONDUCT” IN JOINT OPERATING AGREEMENTS.
In light of the inherent risks and uncertainties associated with oil and gas operations, most joint operating agreements (“JOA”) contain an exculpatory provision. Such provisions shield an operator for liability unless the non-operator can prove that damages were caused by conduct that was the result of gross negligence or willful misconduct.