| Transactions | After filing of opening appellate briefs, opponent agreed to settle commercial dispute for almost $200 million less than its judgment. i2 Technologies, Inc. v. Dillards, Cause No. 05-10-01645-CV (Tex. App. -Dallas 2011); Persuaded the court of appeals to affirm the trial court's refusal to compel arbitration where none of the litigants were signatories to the contract containing the arbitration provision and plaintiffs' tort claims arose from conduct that occurred prior to the execution of the contract. Kurt Torster & GEA Group v. Panda Energy Mgmt., No. 07-10-0442-CV, 2011 Tex. App. LEXIS 1628 (Tex. App.-Amarillo Mar. 7, 2011, n.p.h.); Assisted trial counsel with summary judgment briefing and, after prevailing, defended summary judgment on appeal in a products liability and negligence case involving a Trinity-manufactured guardrail end cap. Trinity's evidence demonstrated compliance with mandatory safety standards or regulations adopted and promulgated by the federal government under section 82.008 of the Texas Civil Practice and Remedies Code; Appellants did not rebut section 82.008's presumption of non-liability; and there was no more than a scintilla of causation evidence. Shaw v. Trinity Highway Products, LLC, No. 05-09-00561-CV, 2010 Tex. App. LEXIS 10046 (Tex. App.-Dallas, Dec. 20, 2010, n.p.h.); Successfully defended on appeal a verdict in favor of purchasers of residential real estate who discovered that the seller failed to disclose substantial latent defects as required by the Texas Property Code, in violation of the Texas Deceptive Trade Practices Act. Bernstein v. Thomas, 298 S.W.3d 817 (Tex. App.-Dallas, Oct. 13, 2009, no pet.); Convinced the Dallas Court of Appeals to grant mandamus relief directing the trial court to stay litigation pending the outcome of Nevada arbitration proceedings between The Ultimate Fighting Championship mixed martial arts fight promoter and fighter Randy Couture. In re Zuffa, LLC, No. 05-08-0666-CV, 262 S.W.3d 446, 2008 WL 3307125 (Tex. App.-Dallas July 31, 2008, orig. proceeding); In a case of first impression, persuaded the Iowa Supreme Court unanimously to hold that a $2.5 million contribution claim was barred under that state's statute of repose for products manufacturers. Heritage Trails Assoc. et al. v. Trinity Indus., Inc., 745 N.W.2d 724 (Iowa 2008); Successfully argued a negligence and punitive damages jury charge resulting in a take-nothing judgment in favor of client. Doe v. Brookhaven Country Club, No. 04-10591-D, 95th Jud. Dist., Dallas County, 2006; Assisted trial team in obtaining a take-nothing judgment on behalf of employer in a trial involving various employment claims. Southern Council of Indus. Workers, Local 2104 v. Housing Authority of the City of Dallas, No. 02-06270-D, 95th Jud. Dist., Dallas County, 2005; Served as lead appellate counsel in a state court appeal of a multi-million dollar arbitration award. (2005); Assisted in obtaining affirmance of dismissal of qui tam action under False Claims Act. United States of America, ex rel Williams v. Bell, 417 F.3d 450 (5th Cir. 2005); Successfully represented real estate company on interlocutory appeal of class certification of claims under the Telephone Consumer Protection Act and contemporaneously defended the company on appeal following the grant of summary judgment in the company's favor. Kondos v. Lincoln Property Co., 110 S.W.3d 716 (Tex. App.-Dallas 2003, no pet.); Served as lead appellate counsel in obtaining issuance of conditional mandamus ordering the trial court to reinstate Pepsico's amended motion to transfer venue. In re Pepsico, Inc., 87 S.W. 3d 787 (Tex. App.-Texarkana 2002, orig. proceeding); Assisted in persuading the Fifth Circuit to reverse a $12 million damage award based on a complex contract dispute involving a hospital and pharmacy. In re Liljeberg Enterprises, Inc., 304 F.3d 410 (5th Cir. 2002); Assisted in obtaining reversal of $34 million lost profit award on behalf of Exxon Corporation. Exxon Corp. v. Breezevale, Ltd., 82 S.W.3d 429 (Tex. App.-Dallas 2002, pet. denied); Persuaded the Dallas Court of Appeals to affirm summary judgment in favor of media defendants against charges of libel and business disparagement on appeal. Wheeler v. New Times, Inc., 49 S.W.3d 471 (Tex. App.-Dallas 2001, no pet.). |