Practice Areas - Litigation/Trial Practice
- Alternative Dispute Resolution
- Business Litigation
- International
| - Health Care Litigation
- Real Estate and Construction Litigation
- Health Care
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| Contact Info | Telephone: 214-651-5673
Fax: 214-200-0476
http://www.haynesboone.com/michael_hood/
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| University | Stanford University, B.A., 1985 |
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| Law School | Southern Methodist University, J.D., 1989 |
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| Admitted | 1989, Texas; U.S. Court of Appeals, Fifth and Eighth Circuit; U.S. District Court, Northern, Southern and Western Districts of Texas; U.S. Court of Federal Claims; U.S. District Court, Western District of Oklahoma; U.S. District Court, Eastern and Western Districts of Arkansas |
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| Born | Oklahoma City, Oklahoma |
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| ISLN | 906390007 |
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| Transactions | Construction Disputes: Defended a steel bolt fabricator in state court against claims by two construction workers who alleged that bolts were defective and caused personal injuries. The plaintiffs dismissed their claims after an expert report and summary judgment filings. Represented a steel fabricator/erector as plaintiff in two federal court Miller Act lawsuits and an AAA arbitration against surety, general contractor and related parties for damages arising out of two military housing privatization projects. Negotiated recovery from surety on the payment bond claims and obtained an arbitration award against general contractor, which resulted in a favorable settlement of the two federal court lawsuits against related parties. Successfully recovered approximately $4 million in damages on behalf of client. Represented a metal building supplier as plaintiff in a federal court lawsuit against general contractor who withheld final payment. Negotiated favorable settlement of lawsuit. Defended building owners in several state court cases against subcontractors who filed mechanic's liens arising from construction work performed for a tenant, resulting in summary judgment invalidating the liens and obtained an award of attorneys' fees. Represented a general contractor relating to construction disputes in federal and state courts, including against owner in a dispute over pricing, and against subcontractor in a dispute over withholds. Defended specialty contractor in various state court lawsuits, including defense of claims relating to defective work, wrongful withhold to subcontractor, and personal injury claims. Health Care Disputes: Represented a payor in federal court relating to a health care insurance dispute in which the payor claimed that a provider of hyperbaric treatment centers charged in excess of UCR. Negotiated a settlement pursuant to which the parties continued their business relationship. Defended Texas 501(a) nonprofit against claims of wrongful termination of employee physicians. In one AAA arbitration, obtained on behalf of the 501(a) an award rejecting former physician employee's $4.9 million claim for breach of contract and wrongful termination, and obtained award of attorneys' fees. The arbitration award was confirmed by the state court. Represented hospitals as claimants in AHLA and AAA arbitrations relating to claims against health insurers for breach of the terms of their managed care or provider contracts. Represented a hospital as plaintiff in an arbitration against health insurer relating to claims for failure to incent members to use in-network provider, wrongfully permitting a silent PPO to access discounted rates and underpayment of claims. Negotiated a favorable settlement with insurer following the conclusion of the arbitration hearing. Represented hospitals as claimants in AHLA arbitrations relating to claims for breach of physician recruiting agreements, resulting in awards for reimbursement of income guarantee and attorneys' fees. Represented a hospital as plaintiff in federal court ERISA lawsuit against employer health plan and health insurer relating to claims for wrongful denial of COBRA benefits to a former employee. Negotiated a favorable settlement during summary judgment proceedings. Defended a medical clinic in a state court lawsuit filed by a patient alleging sexual assault by one of the clinic's physicians. Obtained dismissal of most of plaintiff's claims and an award of attorneys' fees. Defended physicians in state court litigation against their former management company relating to allegations of breach of management agreement and employment agreement. Defended physicians and a home healthcare agency in state court against allegations of breach of covenant not to compete. Privacy of Records/HIPAA Disputes: Represented hospitals in actions to quash subpoenas for medical records that do not comply with HIPAA. Real Estate/Landlord/Tenant Disputes On behalf of landlord, obtained unanimous jury verdict that tenant breached lease and landlord was entitled to lockout and repossession. Represented national medical office building holding company in their landlord/tenant disputes, including disputes involving tenants who defaulted on payment of rent and operating expenses. Represented telecommunications tenant as plaintiff in state court to obtain a temporary restraining order against landlord who refused to permit tenant to access premises. Defended landlord in state court lawsuit filed by tenant. Obtained summary judgment dismissing tenant's claim that it could withhold future rent due current owner relating to allegations that prior owner breached the lease. On behalf of tenant, obtained temporary injunction order in state court enjoining landlord from demanding payment of rent before owner completed finish out. UCC Article 2/Creditor's Rights and Remedies: Represented Fortune 500 company as plaintiff in various federal and state court actions and arbitrations against customers relating to breach of purchase orders to buy steel products following rapid decline in steel prices in late 2008. Represented clients in creditor's rights litigation, including temporary restraining orders, garnishment, writ of attachment and turnover proceedings. International Disputes: Defended a Brazilian transport company in federal court in Houston in which plaintiff alleged underpayment on a contract. Obtained a favorable settlement after making offer of judgment. Defended a Costa Rican distribution company and a Nicaraguan distribution company in federal court in Mississippi against claims by one of the world's largest food manufacturers of breach of contract and trademark violations. Obtained the dismissal of the lawsuit based on a lack of personal jurisdiction. Contract and Business Disputes: Defended Fortune 500 client in state court and obtained a judgment rescinding a settlement agreement on the basis of mutual mistake, which was affirmed by the Texas Supreme Court. Defended telecommunications company in arbitration against a former officer's claims of wrongful termination. Defended airline carrier in federal court against the Department of Labor relating to Service Contract Act issues. Represented attorneys in disputes relating to dissolution of their law firms. Represented Louisiana auto floor financing company as plaintiff in a federal court against an auto auction relating to RICO and conspiracy claims. Negotiated a favorable settlement. |
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