News
Favorable Results In Legal Malpractice Case for Dawson
February 3, 2010February, 2010 - Alistair Dawson, Partner, won a summary judgment for his client, a national law firm, for a legal malpractice case where plaintiffs were seeking millions of dollars in damages.
Twin Victories On Appeal
January 26, 2010In a 72-hour period in January 2010, the firm won mandamus victories from the Court of Appeals and the Texas Supreme Court in an election-related case. The case involved a race for Harris County District Clerk. A dispute arose between competing claimants for one party's nomination to run in the general election. The trial court signed an injunction order, ruling that the candidate could not be on the ballot because he had already filed for a different office and had missed the deadline for withdrawing from that race. The candidate filed mandamus papers on Monday, January 18. He raised a statutory question about the Texas Election Code’s filing and withdrawal deadline scheme. The Court of Appeals ordered a response filed the next day.
Beck Redden partner David Gunn was hired to defend against the mandamus. In under 24 hours, Gunn and associate Chad Flores filed responsive papers in the appellate court. The court issued a favorable ruling before the sun went down. (Ruling attached) Although the other side sought Supreme Court review, the Court denied mandamus on the morning of Thursday, January 21.
Favorable Verdict for Client CMS Viron
January 8, 2010Joe W. Redden, Jr., Michael Richardson, and Patrice Childress obtained a favorable jury verdict on behalf of firm client Viron on December 16, 2009. TSU had contracted for Viron to install millions of dollars worth of equipment on the campus, but failed to pay for the equipment once it was installed. The project was financed by State Street Bank through a lease purchase agreement. The jury first rejected all of State Street Bank's claims against CMS Viron. The jury then found in favor of CMS Viron on its claims against TSU for breach of contract and warranty and awarded CMS Viron damages. The jury also found in favor of CMS Viron on its claim against escrow agent, Academic Services, and its sister company Academic Capital, and awarded damages to CMS Viron.
Victory in a Multimillion Usury Appeal
January 4, 2010On Dec. 31, 2009, the Beaumont Court of Appeals issued a unanimous decision that threw out a multimillion dollar usury judgment. The case (Neubaum v. Buck Glove Company) arose out of some business transactions that the Neubaums characterized as a Ponzi scheme. After a Montgomery County jury found that the Neubaums had hired an agent who engaged in usurious transactions, the trial court awarded about a $4 million judgment against them. Beck Redden partner David Gunn gave the oral argument and wrote the briefing with the aid of his colleague Erin Huber. Both of them also collaborated with the trial attorneys, Brent Stanfield and Christopher Lowman. The Beaumont Court of Appeals threw out the finding of the agency. As a result, the $4 million judgment against the Neubaums was eliminated. (Opinion attached)
Victory In Patent Infringement Case
January 4, 2010David J. Beck and Alistair Dawson served as trial counsel for a medical device company in a patent infringement lawsuit. The plaintiff claimed that the Firm's client had infringed patents relating to retractable syringes. The case was tried to a jury before United States District Judge David Folsom in Marshall, Texas. The plaintiff sought damages totaling $225 million. However, the jury only awarded damages of $5 million and found that the alleged infringement was not willful. The verdict will be appealed.
Favorable Verdict for Client Exxon Mobil Corporation
January 4, 2010David J. Beck served as lead trial counsel for Exxon Mobil Corporation in a breach of contract lawsuit brought by a former ExxonMobil executive. The lawsuit tested the validity of the company’s executive compensation program. Mr. Beck obtained a complete defense verdict after a seven-day jury trial. BRS attorney Alex Roberts assisted in the trial.
Ford and Paterson Secure Appellate Victory in $45 Million Fraud Case
December 17, 2009On December 11, 2009, the Texas Supreme Court denied a petition for review in a case decided by the First Court of Appeals after requesting full briefing on the merits. The case (Authorlee, et al v. Tuboscope Vetco International, et al) involved the propriety of a $45 million settlement in mass tort case. Plaintiffs argued that their agreed judgment should be set aside as "void against public policy" because their trial lawyers did not tell them the settlement was an alleged aggregate settlement and alleged their lawyer and the Defendants committed fraud. The Court of Appeals held that there was no fraud as to the Defendants, no conspiracy to commit fraud and the settlement was not an aggregate settlement.
Beck Redden’s Troy Ford drafted the briefing and made the oral argument in both the trial court and the court of appeals. Andrea Paterson assisted with the trial and appellate court briefing. (Opinion attached)
Victory in the Texas Supreme Court
December 9, 2009On Nov. 20, 2009, the Texas Supreme Court issued a favorable decision in a class action appeal. The case (Exxon Mobil Corp. v. Gill) involved a statewide class and complaints about gasoline pricing practices. The trial court's decision to certify a class of dealers was affirmed by the Court of Appeals. However, that decision was reversed by the Texas Supreme Court and thrown out by a unanimous vote. The successful defense of the case was a collaborative effort between Beck Redden and the Chicago office of Kirkland & Ellis. Kirkland & Ellis partner Rick Godfrey argued the case in the trial court, and Beck Redden partner David Gunn argued the case in the Court of Appeals. Also collaborating on the appeal were Kirkland & Ellis partners Mark Lillie and Andrew Kassof and Beck Redden appellate attorney John Adcock. Opinion attached).
Fogler and Cleveland Obtain Favorable Jury Verdict for Client in Will Contest
November 17, 2009On November 16, 2009, Murray Fogler and Tim Cleveland obtained a jury verdict on behalf of the son of a deceased Houston oilman and philanthropist in a will contest brought by the decedent's daughter. The contestant claimed that a prior will of her father's, which would have left her nearly $100 million from his estate, should be probated. The contestant also claimed that wills executed in 2000 and 2003, where large bequests were made to charity, were invalid due to lack of testamentary capacity and undue influence. The trial lasted two weeks, and the jury returned a verdict against the contestant on all issues.
Alexander Wins Lawsuit in Chicago Federal Court
October 14, 2009Fields Alexander, working with co-counsel from Jones Day, obtained a favorable verdict in a Plaintiff's commercial case in Federal Court in Chicago. The jury awarded the firm's client all damages sought and rejected the counterclaims asserted by the Defendant. Connie Pfeiffer appeared at trial as well, providing assistance with the jury charge. The trial lasted five days.
Fogler and Richardson Obtain Favorable Verdict for Client
September 21, 2009On September 14, 2009 partners Murray Fogler and Michael Richardson obtained a defense verdict for firm client Thompson & Knight LLP. The case was filed derivatively on behalf of two closely-held corporations and involved allegations of legal malpractice. The trial lasted 4 days.
$10 Million Verdict Upheld on Appeal
September 21, 2009On August 13, 2009, the Eastland Court of Appeals issued an opinion upholding a jury verdict of more than $10 million in favor of our clients. The appeal, Rentech Steel LLC v. Teel, involved a catastrophic industrial accident in a small town near Abilene, Texas. The case was tried by BRS partner Curt Webb and co-counsel, who secured a verdict exceeding $10 million – shattering all prior records for the county. BRS partner Russell Post acted as lead appellate counsel in the court of appeals. (Opinion attached)
Successful Venue Appeal Returns Litigation to Houston Courts
September 21, 2009On July 30, 2009, the Beaumont Court of Appeals issued an opinion granting mandamus relief from a venue ruling and ordered a judge to transfer a suit against our clients to the trial courts in Houston. The litigation, In re Kerr, involves allegations of breach of fiduciary duty with respect to oil and gas interests. The plaintiffs seek to recover millions in damages for the alleged misappropriation of certain oil and gas interests which are located in Harris County, Texas. Reasoning that a suit for damages based on misappropriation of oil and gas interests is, in substance, an action for ownership of the mineral interests, the court of appeals held that the action is governed by a Texas statute that requires suits concerning ownership of real property to be litigated in the county where the property is located. The appeal was handled by BRS partner Russell Post, with assistance from his appellate colleague Doug Pritchett. (Opinion attached)
Top 10 Verdict From 2007 Upheld on Appeal
September 21, 2009On July 28, 2009, the United States Court of Appeals for the Fifth Circuit issued an opinion upholding a jury verdict of more than $30 million in favor of our clients. The appeal, "Miller v. Gorski Wladyslaw Estate," involved a catastrophic collision near Lafayette, Louisiana. The case was tried in Louisiana federal court in 2007, resulting in a verdict that National Law Journal ranked among the top 10 verdicts of the year. BRS appellate partner Russell Post participated in the trial and acted as lead appellate counsel in the Fifth Circuit. (Opinion attached)
Gannaway and Pfeiffer Receive TYLA President's Award
August 21, 2009Geoff Gannaway and Connie Pfeiffer each received the President’s Award of Merit from the Texas Young Lawyers Association (TYLA) on Friday, June 26, 2009 at the TYLA Annual Meeting.
Mr. Gannaway was recognized for his work revising the Tenants Rights Handbook, a publication produced by TYLA. The handbook is the most-requested TYLA publication and provides lawyers and Texas citizens with crucial information on the rights, obligations, and legal remedies of those who lease or rent a house or apartment in Texas.
Ms. Pfeiffer was recognized for her involvement with the Vote America! program. Vote America! is a historical video and curriculum that TYLA members presented to high school students across Texas to educate them about the heroic efforts made for equality and democracy; the struggles of the civil rights era, passage of the 1965 Voting Rights Act, and the 15th, 19th, and 26th amendments to the U.S. Constitution.
Mr. Gannaway and Ms. Pfeiffer are both Directors of TYLA.TYLA, originally organized in 1930, is a department of the State Bar of Texas. All licensed Texas Lawyers who are 36 years old or younger or who are in their first five years of licensure, regardless of age, are automatically members of TYLA. The Association is commonly referred to as the "public service arm" of the State Bar. TYLA's main purposes are to facilitate the administration of justice, foster respect for the law, and advance the role of the legal profession in serving the public. TYLA’s programs are designed to assist Texas attorneys in their practice of law and to provide public legal education services to Texans.
BRS Wins Reversal of $40 Million Fraud Judgment
July 9, 2009On June 25, 2009 the Fort Worth Court of Appeals issued an opinion reversing a fraud judgment worth $40 million. The appeal, CMS Energy Resource Management Co. v. Quicksilver Resources, Inc., involved a long-running dispute over a natural gas contract that was signed in 1999. The plaintiff alleged that our client fraudulently induced it to enter into a long-term contract for the sale of natural gas and then breached the agreement, claiming damages of more than $100 million.
The case was defended at trial by BRS partners Joe Redden and Michael Richardson, who defeated the breach-of-contract theory entirely and secured a favorable jury verdict of zero damages with respect to the fraud claim. When the trial court nevertheless rescinded the natural gas contract on the basis of fraud – a decision that cost our client more than $40 million – BRS appealed the judgment. The court of appeals held there was no evidence of any fraud, reversing and rendering judgment in favor of our client. BRS partner Russell Post handled the appeal with the assistance of his appellate colleague John Adcock. (Opinion attached)
Victory in the Texas Supreme Court
July 6, 2009On July 3, 2009, the Texas Supreme Court issued a favorable decision in an appeal that challenged a default judgment. The case (Dolgencorp v. Lerma) arose after a fire in a Dollar General Store in South Texas. The trial court issued a default judgment for more than $1 million against Dollar General when its defense lawyer was unable to attend the trial because he was in the middle of a trial in another city. The court of appeals affirmed, at which point the client hired Beck Redden to appeal to the Supreme Court. The Supreme Court threw out the default judgment by a 9-0 vote. The Supreme Court appeal was handled by Beck Redden appellate lawyers David Gunn and Connie Pfeiffer. (Opinion Attached)
BRS Obtains Plaintiff's Verdict in Prisoner Abuse Case
June 29, 2009Following a three-day jury trial in a prisoner abuse case, Alex Roberts, Tim Cleveland, and Tom McDade obtained a favorable plaintiff’s verdict in federal district court in Houston. On June 17, 2009, the jury found that the defendant, a former sergeant for the Texas Department of Criminal Justice, maliciously beat the firm’s client, an inmate with the State of Texas in violation of his civil rights. Roberts and Cleveland were appointed to try the case pro bono by U.S. District Court Judge Gray H. Miller. The defendant was represented by the Attorney General’s Office for the State of Texas.
B.D. Daniel Authors Article on Patent Jury Trials for Review of Litigation
June 18, 2009The lead article in the Summer 2009 issue of the Review of Litigation is The Right of Trial by Jury in Patent Infringement Cases by B.D. Daniel. This article extends the analysis deployed in Mr. Daniel’s article Heightened Standards of Proof in Patent Infringement Litigation: A Critique, which was published earlier this year in the AIPLA Quarterly Journal. (see attached)
Victory in the Texas Court of Appeals
June 15, 2009On June 12, 2009, the Thirteenth Court of Appeals issued a favorable decision in an appeal involving claims of water and soil contamination. The case (DBMS Investments, L.P. v. ExxonMobil Corp.) involved a tract of land in Flour Bluff, Texas, which is located in Nueces County. The owner of the land sued ExxonMobil on allegations that the company's predecessor contaminated it back in the 1980s, when there was a gas plant nearby. The trial court dismissed the case as too late. The Court of Appeals agreed. The work in the trial court was led by Corpus Christi attorney Patricia Canales-Bell, with Beck Redden being brought in as co-counsel on appeal. Beck Redden partner David Gunn worked on the briefing with his appellate colleague John Adcock, both in conjunction with the trial team.
Troy Ford and Jas Brar Obtain Favorable Jury Verdict for Client
June 12, 2009On June 5, 2009, Troy Ford and Jas Brar obtained a jury verdict on behalf of firm client Hewlett Packard for breach of contract and breach of warranty regarding work performed at their Houston, Texas electrical substation. The lawsuit was tried in the 55th Judicial District Court of Harris county, Texas. The verdict was in excess of one million dollars.
Nakia Davis Refuge Selected as HYLF Fellow
June 3, 2009Nakia Davis Refuge has been selected as a Houston Young Lawyers Foundation (HYLF) Fellow for the class of 2009. Each year, the HYLF Board of Trustees select individuals who have demonstrated an exemplary personal commitment to the Houston's Young Lawyers Association (HYLA) and who are dedicated to the practice of law and the cause of the justice.
HYLF Fellows was established to recognize outstanding members of the Houston Legal Community and to support the charitable efforts of Houston's Young Lawyers. Only 1% of the HYLA membership receives the honor of becoming a Fellow each year.
BRS To Participate in ADL Summer Associate Research Program
May 28, 2009Beck, Redden & Secrest is one of eleven Houston law firms participating in the first official Summer Associate Research Program for the Anti-Defamation League (ADL). The program brings together law firms interested in having their summer associates do meaningful pro bono work with the ADL on issues being worked on by the agency's civil rights division.
Victory in the Houston Court of Appeals
May 15, 2009On May 14, 2009 the Houston (First) Court of Appeals issued a favorable decision in an appeal from a million-dollar judgment. The case (Chavez v. McNeely) involved a breach-of-contract claim that arose out of an agreed divorce decree. The plaintiff filed suit for breach of contract, based on his interpretation of the agreed decree. The trial court agreed with the plaintiff, but the Court of Appeals did not. The Court of Appeals overturned the judgment in its entirety. The appellate court unanimously agreed with Beck Redden's argument on the defendant’s behalf about the contract. Beck Redden did not handle the case at trial for the defendant but did handle the appeal. Beck Redden partner David Gunn wrote the briefing, with the assistance of associate Erin Huber.
Victory in the 5th Circuit Court of Appeals
May 4, 2009On May 1, 2009, the U.S. Court of Appeals for the Fifth Circuit issued a favorable decision in an appeal involving the Lanham Act and a sanctions order. The case (Pillar Panama SA v.DeLape) involved a dispute under section 43(a) of the Lanham Act, which deals with false advertising. Although the lower court (Hon. Lynn Hughes) had thought the case should be dismissed with prejudice, the Fifth Circuit disagreed. The Fifth Circuit also overturned the lower court's imposition of sanctions, finding an abuse of discretion and setting aside the sanctions in their entirety.
Beck Redden appellate partner David Gunn worked on the case in collaboration with an excellent trial team from the Greene Espel firm of Minneapolis, Minnesota, which consisted of Larry Shapiro and Mark Johnson. The three of them prepared the appellate briefing together, and Mr. Gunn presented the oral argument to a panel consisting of Judges Will Garwood, Priscilla Owen, and Catharina Haynes.
Dawson Elected to Houston Bar Association Board of Directors
April 27, 2009Alistair Dawson has been elected to the 2009-2010 Board of Directors for the Houston Bar Association (HBA).
The HBA is comprised of approximately 11,500 attorneys. The HBA Board ensures that the HBA meets its goal of service to the legal profession and the community and ensuring equal access to justice in Harris County.
Post Elected Chair of the Houston Bar Association Appellate Practice Section
April 17, 2009Russell Post has been elected chair of the Houston Bar Association Appellate Practice Section.
The HBA Appellate Practice Section is the largest local association of appellate specialists in the State of Texas. In addition to monthly meetings featuring keynote speakers on various aspects of civil appellate law, the section focuses on a host of events including an annual Judicial Reception to honor the appellate justices from the Houston Courts of Appeals.
Additionally, the section participates in many charitable and service activities, sponsoring brief-writing awards for all three Houston area law schools and CLE scholarships for the permanent staff attorneys at the Houston appellate courts.
This year, the Appellate Practice Section will implement a new pro bono initiative designed to expand pro bono representation for indigent litigants in the Houston appellate courts.
Nakia Davis vs. Michael Jordan
April 8, 2009Beck, Redden's Nakia Davis has made a habit of defeating the great Michael Jordan in golf - over 18 times! Read more: http://blog.texasbar.com/2009/03/articles/people/houston-lawyer-dominates-on-the-golf-course/
Victory in the Corpus Christi Court of Appeals
April 3, 2009On April 1, 2009, the Corpus Christi-Edinburg court of appeals issued a favorable decision in a mandamus involving arbitration law and class action procedure. The case (In re Nationwide Credit) was certified as a class action. After certification, the class representative signed an agreement promising to arbitrate all disputes in the AAA. Despite this promise to arbitrate, however, he continued filing motions in the trial court, such as a motion to have class notices sent out. The appellate court granted mandamus relief, forbidding him from proceeding with the class action. David Gunn and John Adcock wrote the mandamus briefing for the prevailing side, and David Gunn presented the oral argument.
David Gunn to be Inducted as a Fellow of the American Academy of Appellate Lawyers
March 4, 2009David Gunn’s integrity and excellence in appellate work will be deservingly recognized when he is inducted as a Fellow of the American Academy of Appellate Lawyers on March 27 at the spring meeting in Austin, Texas.
The Academy is a professional association of the most accomplished appellate lawyers in the nation, from both the private and public sectors, with nearly 300 members nationally. Mr. Gunn will be one of only 17 lawyers in Texas to receive this honor.
Membership is by invitation only, requiring nomination by a current member, followed by a thorough and confidential investigation of the candidate's merit and accomplishments. A candidate's practice must have been substantially focused on appellate practice for at least 15 years.
Curt Webb Inducted as a Fellow of the American College of Trial Lawyers
March 2, 2009Curt Webb was inducted as a Fellow of the American College of Trial Lawyers at its annual spring meeting held February 27-29, 2009 in Puerto Rico. Fellowship in the College is among the highest honors that a trial lawyer can receive, the result of an arduous and confidential vetting process.
The American College of Trial Lawyers is composed of the best of the trial bar from the United States and Canada and is widely considered to be the premier professional trial organization in America. Founded in 1950, the College is dedicated to maintaining and improving the standards of trial practice, the administration of justice and the ethics of the profession. Through its Board of Regents, its general committees and its state and province committees, the College engages in a wide variety of activities to further those purposes.
Mr. Webb joins Beck, Redden attorneys David J. Beck, Murray Fogler, Tom McDade and Joe Redden as a Fellow in this elite organization.
Geoff Gannaway Honored by Texas Bar Foundation
February 23, 2009Geoff Gannaway has been elected to membership in the Fellows of the Texas Bar Foundation. Fellows of the Foundation are selected for their outstanding professional achievement and their demonstrated commitment to the improvement of the justice system throughout the state of Texas.
Beck, Richardson and Pfeiffer Win Appellate Victory for New York Law Firm
February 20, 2009David Beck, Michael Richardson and Connie Pfeiffer successfully secured a dismissal for the New York-based law firm of Proskauer Rose from a tax shelter case in which the plaintiff was the prominent Houston trial attorney George M. Fleming.
Pfeiffer handled the appeal to Houston’s 14th Court of Appeals, which reversed the lower court’s special appearance ruling and determined that the district court did not have personal jurisdiction over Proskauer Rose. Fleming’s suit alleged that his personal investment companies, which Ernst & Young developed—and which Proskauer Rose allegedly said were more likely than not to be permissible under the tax code—resulted in huge losses when an Internal Revenue Services audit found the companies to be unlawful. The 14th Court of Appeals unanimously found that the trial court could not exercise general or specific jurisdiction over Proskauer Rose. See Proskauer Rose L.L.P. v. Pelican Trading, Inc., 2009 WL 242993 (Tex. App.—Houston [14th Dist.] Feb. 03, 2009).
Murray Fogler Authors Article on Guantanamo for Houston Chronicle
February 18, 2009Murray Fogler's article "Four easy steps to shut down Guantanamo this year" was published in the February 14th Outlook section of the Houston Chronicle. Complete article attached.
Alistair Dawson Appointed to Supreme Court Advisory Committee
February 13, 2009Alistair Dawson has been appointed to the Supreme Court Advisory Committee. Established in 1940, the committee is principally involved in rules-making policy for the Court. Committee members serve three-year terms.
Matthew Whitley Wins Case Before the First District Court of Appeals
January 23, 2009On
Beck Redden’s Matthew Whitley drafted the briefing and made the oral argument in both the trial court and the court of appeals. Beck Redden’s Andrea Paterson assisted with the trial court briefing.
BRS Welcomes Kathleen A. Gallagher as a Partner in the Firm
January 16, 2009Beck, Redden & Secrest L.L.P. is pleased to welcome Kathleen A. Gallagher as a new partner in the firm. Ms. Gallagher’s practice focuses on Commercial, Environmental, Torts, and Products Liability Litigation.
Prior to joining Beck, Redden & Secrest L.L.P., Ms. Gallagher was a partner at the Houston office of Vinson & Elkins L.L.P. She joined that firm in 1988, having made partner in 1997.
“Kat is a terrific lawyer. We are delighted that an experienced trial lawyer with such an exceptional reputation has joined us,” said David J. Beck, founding partner, Beck, Redden & Secrest, L.L.P.
Throughout her career she has received numerous awards and honors including Best Lawyers in America® Personal Injury Litigation and Products Liability, 2009; Products Liability Litigation, 2007; "Texas Super Lawyer" in Civil Litigation Defense, 2008 & 2006, and “Defense Hot List,” Geers v. Wyeth, National Law Journal, 2006.
She is a member of the American Board of Trial Advocates (ABOTA); the International Association of Defense Counsel (IADC); Texas Association of Defense Council (TADC); the Defense Research Institute (DRI); Texas Bar Foundation Sustaining Life Fellow, and a member of the Houston Bar Foundation. Ms. Gallagher also teaches Trial Advocacy at the University of Houston Law School and has taught at various NITA programs.
Connie Pfeiffer Featured in Texas Lawyer Magazine
December 18, 2008Connie Pfeiffer's success with presenting oral arguments in the 14th District Court of Appeals this past year was recognized in an issue of Texas Lawyer Magazine. The complete article can be found at: www.law.com/jsp/tx/PubArticleTX.jsp?id=1202426709005
Dawson and Coffey Secure Favorable Arbitration Award in Commercial Lease Dispute
December 8, 2008On
Tom Ganucheau Elected Secretary-Treasurer for the TADC
November 26, 2008Thomas E. Ganucheau has been elected to the Executive Committee of the Texas Association of Defense Counsel (TADC) as the 2008-2009 Secretary/Treasurer. TADC is a state-wide professional association of approximately 2,100 private practice attorneys specializing in civil defense trial law.
Ford and Paterson Obtain Defense Verdict for Major Electronics Company in Products' Liability Lawsuit
October 27, 2008On October 23, 2008, Troy Ford and Andrea Paterson obtained a defense verdict in favor of firm client LG Electronics in a products liability dispute in Robertson County, Texas. The case involved allegations that a window air conditioner purchased by a homeowner burned a house down within hours of its first operation. After a four day trial, the jury returned a defense verdict in favor of LG Electronics.
Ford Argues Appeal before the First Court of Appeals and Wins Favorable Judgment Preserving Multi-Million Dollar Settlement
October 27, 2008On August 29, 2008, the First Court of Appeals upheld the trial court's denial of a plaintiff's motion for a new trial in a case involving exposure to silicon. The case arose when multiple plaintiffs sought to overturn an agreed judgment related to the settlement of their claim. Plaintiffs argued that their agreed judgment should be set aside as "void as against public policy" because their trial lawyers did not tell them that the settlement was allegedly an aggregate settlement.
Beck Redden's Troy Ford argued the appeal along with Jeffery C. Kubin of Gibbs & Bruns, LLP. Andrea Paterson, also with Beck Redden, assisted with the briefing.
Fogler Secures Favorable Verdict In Construction Contract Dispute
October 14, 2008On October 10, 2008, Murray Fogler obtained a jury verdict in favor of firm client Dudley Construction Ltd. in a construction contract dispute. The case was tried for five days before Judge J.D. Langley of the 85th District Court of Brazos County, Texas. Dudley had been hired by a surety company, Fidelity Guaranty Insurance Underwriters, Inc., to complete a sewer project after a prior contractor had defaulted. Dudley sought recovery of amounts owed under the completion agreement, including delay damages, against Fidelity. The jury awarded over $1.8 million, plus attorneys' fees and pre-judgment interest under the Prompt Payment Act.
BRS Obtains Defense Verdict in Eastern District of Texas for Palomar Medical Technologies
October 10, 2008On October 7, 2008, David Beck, Michael Richardson, and Tim Cleveland obtained a defense verdict for firm client Palomar Medical Technologies, Inc. in a patent lawsuit involving light-based dermatology products. Palomar was also represented by Foley & Lardner LLP. The trial lasted six days in Lufkin, Texas before Judge Ron Clark in the Eastern District of Texas. The plaintiffs, Candela Corporation and Massachusetts General Hospital, alleged that six Palomar products infringed on three patents, and were seeking approximately $60 million in actual damages. A week before trial, the plaintiffs dropped two Palomar products from the case, as well as all claims under two of the three patents. After a six day trial, the jury returned a verdict of noninfringement in favor of Palomar. The jury also determined that certain claims of the plaintiffs’ patent were invalid.
David J. Beck Featured in 2008 Texas Super Lawyers Magazine
October 8, 2008Texas Super Lawyers magazine has once again revealed that David J. Beck is the Top Point Getter for 2008. Recognized as the "lawyer that other lawyer's go to when they're in trouble," Texas Super Lawyer chronicles Beck's rise in the legal community in a cover story article of their 2008 edition. (Complete article attached)
Nakia Davis Selected as a Member of LeadershipSBOT
September 5, 2008Nakia Davis has been selected as a member of the inaugural 2008-2009 class of LeadershipSBOT, a joint program sponsored by the State Bar of Texas and the Texas Young Lawyers Association. Only 20 Texas attorneys were selected for the pilot program, designed to develop and retain those selected for leadership positions in the legal community and the State Bar of Texas.
BRS Obtains Defense Verdict for Houston Law Firm
July 29, 2008On July 25, 2008, Murray Fogler and Tim Cleveland obtained a defense verdict on behalf of firm client Andrews Kurth LLP in a lawsuit concerning the law firm's distribution of fees from its representation of the maternal heirs of Howard Hughes. The trial lasted 8 days before Judge Martha Hill Jamison in the 164th Judicial District of Harris County, Texas. The plaintiff was the administrator of the estate of a deceased Andrews Kurth partner, Raymond Cook, who died two years before the law firm began representing the maternal heirs of Howard Hughes. The plaintiff claimed that Andrews Kurth should have included the Cook Estate in the distribution of the Hughes fee, asserting claims for breach of contract, legal malpractice, fraud, and breach of fiduciary duty. The plaintiff sought nearly $15 million in actual damages, plus attorney's fees and punitive damages. The jury returned a verdict in favor of Andrews Kurth on all liability claims.
BRS Receives Win on Appeal in Case Where Nursing Home Recruited Violent Residents
July 1, 2008On June 25, 2008, the San Antonio Court of Appeals upheld a multimillion-dollar verdict in favor of a family whose late father was savagely beaten by another nursing home resident.
The case arose after a nursing home in west Texas sought to increase its resident population by recruiting from the lockup wing of the local V.A. hospital. The nursing home took in a psychotic army veteran but placed him with the home's general population. The army veteran promptly attacked those around him indiscriminately, including the late Tranquilino Mendoza. The jury found the nursing home negligent and awarded the Mendoza family actual and punitive damages. When the nursing home appealed, the family and the trial team hired Beck Redden to help defend the verdict.
Beck Redden's David M. Gunn argued the appeal for the family, along with Henry Giessel of the firm Marks, Balette, and Giessel. Mr. Gunn did the briefing with the help of Beck Redden associate Erin Huber, and in collaboration with the trial team of David Marks, Jacques Balette, and Henry Giessel.
BRS Participates in Lone Star Legal Aid Pro Bono Efforts
June 25, 2008The firm was recently recognized in the Spring 2008 issue of LegalFront magazine for their efforts in providing pro bono services to Lone Star Legal Aid. (Complete article attached.)
BRS and Attorneys Receive Top Tier Rankings in Chambers USA 2008
June 11, 2008Beck, Redden & Secrest, L.L.P., has received top tier rankings for General Commercial Litigation law firm and Energy & Natural Resources - Dispute Resolution in Texas in the 2008 Chambers USA: America's Leading Business Lawyers.
David J. Beck was ranked in the top tier for Litigation: General Commercial and Energy & Natural Resources. Additionally, three firm partners were recognized in their fields of expertise: Murray Fogler, in Energy & Natural Resources-Dispute Resolution and General Commercial Litigation; Joe Redden, Jr., in General Commercial Litigation and David M. Gunn, in Litigation-Appellate. Thomas McDade, of counsel, was recognized in Energy & Natural Resources - Dispute Resolution.
Alistair Dawson and Russell Post were recognized "Up and Coming" in General Commercial Litigation. (Press release attached)
Nakia Davis Recognized in Texas Bar Journal for Involvement in the Jackie Robinson Foundation
May 2, 2008
Nakia Davis, a former Jackie Robinson Foundation scholar, remains active in the organization which provides four-year college scholarships to minority students with records of academic distinction, leadership capacity, and financial need. Recently, Davis took part in presentations regarding the Foundation to the business communities in Austin and Houston. (Article attached).
Nakia (pictured second from left in top photo and with Astros manager Cecil Cooper in bottom photo) was also honored in pre-game ceremonies on Jackie Robinson Day at Minute Maid Park on Friday, April 18. Read more on Astros.com.
Joe Redden Featured in American Lawyer Magazine
March 25, 2008Joe Redden was one of the Texas lawyers noted in the cover story “Taming Texas” in the March 2008 issue of American Lawyer Magazine. The article profiles several out-of-state lawyers who are challenging the conventional wisdom that defendants cannot win patent cases in the Eastern District of Texas. Mr. Redden's voir dire examination of the jury panel and handling of a key defense expert were cited as instrumental in OutlookSoft Corporation's recent victory before a Marshall, Texas jury.
BRS Successfully Defends Tanner Companies, Inc.
March 10, 2008Alistair Dawson and Nakia Davis recently obtained a summary judgment dismissing all claims against firm clients Tanner Companies, Inc., Tanner Companies Shared Services, L.L.C., Tanner Operations, L.L.C. Tanner Construction Company of Texas, Inc., and several employees and former employees from Judge Tony Lindsay of the 280th Judicial District Court of Harris County. The plaintiff had asserted claims against Defendants for misappropriation of and conspiracy to misappropriate trade secrets, unfair competition, breach of duty to maintain the confidentiality of trade secrets, tortious interference with business relations and prospective business relations, breach of fiduciary duty, and destruction of property and was seeking recovery of more than $2 million dollars in damages.
BRS Secures Total Victory on Appeal of Defamation Lawsuit
March 1, 2008On February 26, 2008, the Firm won a total victory from the Fourteenth Court of Appeals in an employment discrimination and defamation lawsuit arising from the termination of two former Exxon employees. The case, originally tried by David Beck in 2006, already had resulted in a substantial victory in the trial court, where the plaintiffs lost their discrimination claim, but over objection, recovered a judgment on their defamation claim that was significantly less than they demanded. On appeal, the Firm secured a reversal of the defamation judgment and successfully defended the favorable portion of the judgment. Russell Post acted as lead counsel on appeal, with assistance from Connie Pfeiffer, Erin Huber and Doug Pritchett.
Jury Awards Favorable Verdict for BRS Client
February 26, 2008Curt Webb and Andrea Paterson received a jury verdict late December for firm client South Texas Electric Co-Operative for a breach of contract and breach of warranty lawsuit regarding the purchase and installment of a defective steam turbine manufactured and installed by Dresser-Rand Company. The lawsuit was tried in the United States District Court for the Southern District of Texas, Victoria Division. A motion for entry of judgment as well as a motion for attorney's fees for a combined total in excess of $1.1 million are currently pending with the court.
Firm Secures A Favorable Outcome in Wrongful Termination Case
January 11, 2008January 11, 2008 – Alistair Dawson, Partner and Nakia Davis, Associate, secured a favorable outcome in a wrongful termination case tried in Montgomery, County, Texas, for their client,a leading national distributor of food and paper products.The plaintiff was seeking in excess of $100,000 in damages. The jury did not award any compensatory damages and awarded only $10,000 in lost wages to the plaintiff.
Constance Pfeiffer Honored by Texas Bar Foundation
January 7, 2008Constance H. Pfeiffer has been elected to membership in the Fellows of the Texas Bar Foundation. (Press release attached.)
Michael E. Richardson Named Partner
January 4, 2008Beck, Redden & Secrest, L.L.P. is pleased to announce that Michael E. Richardson has been named a partner of the firm. (Press Release attached.)
Four New Associates Join The Firm
October 23, 2007Beck, Redden & Secrest, L.L.P. is pleased to welcome Jeff Bentch, Jas Brar, Patrice Blahoff Childress and Alex Roberts as Associates in the Firm. (Complete article attached)
BRS Successfully Defends Morgan Stanley & Co.
October 19, 2007October 18 - David Beck, Alistair Dawson and Michael Richardson recently obtained a summary judgment dismissing all claims against firm client Morgan Stanley & Co. Incorporated from Judge Halbach of the 333rd Judicial District Court of Harris County. The plaintiff had asserted claims against Morgan Stanley for breach of fiduciary duty, fraud, negligent misrepresentation and tortious interference with contractual relations and was seeking recovery of more than half a billion dollars in damages. Morgan Stanley was also represented by lawyers from Wilkie Farr & Gallagher in New York.
Post, Pfeiffer and Richardson Secure Favorable Judgment for Moody National Bank
October 16, 2007October 2007 – Russell Post, Connie Pfeiffer, and Michael Richardson secured affirmance of a summary judgment in favor of Moody National Bank in a case involving allegations of fraud, conspiracy, and violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). The United States District Court for the Southern District of Texas (Hon. Lynn Hughes) granted summary judgment in favor of our client, which was upheld by the United States Court of Appeals for the Fifth Circuit.
Five BRS Attorneys Listed in Best Lawyers in America - 2007
September 1, 2007September 2007: The Best Lawyers in America has released their 2007 guide, and five Beck, Redden & Secrest attorneys have made the list. (Complete article attached)
David Beck argues appeal before the First Court and wins favorable judgment for one of the firm's oil and gas clients
August 14, 2007The First Court of Appeals in Houston rendered a favorable judgment for one of the firm’s oil and gas clients, vacating an arbitration award for natural gas production revenues, ruling that the arbitrator had exceeded his powers under the parties' agreement. David Beck argued the appeal before the First Court.
Curt Webb successfully defended a Fortune 500 client in a product liability case
July 16, 2007Curt Webb, successfully defended a Fortune 500 client in a product liability case. The plaintiff, a 52-year- old male dying from lung cancer, claimed his illness was caused by an unreasonably dangerous and defective disposable respiratory protection device, provided by his employer, to protect him from exposure to silica dust. The plaintiff was demanding in excess of $9 million in damages. After three hours of deliberation, the jury found no negligence on the part of the defendant. The case was filed in the Eastern District in Missouri.
Curt Webb helped to secure a victory for a minor in Abeilene
June 22, 2007Curt Webb, Partner, Beck, Redden & Secrest, L.L.P., Houston, helped to secure a victory for a minor involved in a job related accident in Abilene, Texas on June 21, 2007.
Dawson elected Chair, Litigation Section of the State Bar of Texas
June 18, 2007Alistair Dawson elected Chair of the Litigation Section of the State Bar of Texas. (Complete article attached)
David Beck Receives Leon Green Award
June 14, 2007June 14, 2007: David J. Beck, founding partner of Beck, Redden & Secrest, L.L.P. has received the Leon Green Award from the Texas Law Review Association “for outstanding contributions to the legal profession.” Previous winners include Dean Bill Powers (2006) and The Honorable Carolyn King, (2007), former Chief Judge of the Fifth Circuit Court of Appeals. (Complete article attached.)
Fogler and McDade Join BRS
June 11, 2007June 11, 2007: Beck Redden & Secrest, L.L.P. are pleased to welcome Murray Fogler, as Partner and Tom McDade, of counsel, to the firm on March 15, 2007. (Complete article attached)
BRS Welcomes New Attorneys to Firm
January 12, 2007January 2007: Beck, Redden & Secrest, LLP is pleased to welcome S. Douglas Pritchett, Jr. as Of Counsel in its Appellate Section and Tim Cleveland, Nakia Davis and William Getschow as Associates in the firm. (Complete article attached)
Beck Appointed to Judicial Conference Standing Committee
January 5, 2007January 2007: Chief Justice John G. Roberts, Jr. of the United States Supreme Court recently appointed David J. Beck for a 3 year term to the prestigious Judicial Conference Standing Committee on Rules of Practice and Procedure. (Complete article attached)
David Beck Installed as President - American College of Trial Lawyers
October 20, 2006October 2006: American College of Trial Lawyers installs 2007 President David J. Beck and confers honorary fellowship on Chief Justice Roberts and Lord Scott of Foscote at 56th annual meeting in London. (Full article attached)
2006 Chambers USA Rankings
October 20, 2006October 2006: Beck Redden & Secrest, L.L.P. has been ranked as the number two General Commercial Litigation law firm in Texas in the 2006 Chambers USA: America’s Leading Business Lawyers. (Complete article attached)
David Beck Installed as President of ACTL
October 17, 2006October 2006: The American College of Trial Lawyers (ACTL) one of the premier professional organizations composed of the best trial lawyers in the U.S. and Canada, installed David J. Beck as the organization’s new president at its 56th annual meeting in London. (Complete article attached)
Victory in Patent Infrigement Case
October 12, 2006October 2006: Beck, Redden & Secrest, L.L.P. announced today that it helped to secure a victory for its client OutlookSoft Corporation in a patent infringement lawsuit brought by Hyperion Solutions in the U.S. District Court for the Eastern District of Texas. (Complete article attached)
Six Named to 2006 Super Lawyer List
October 1, 2006October 2006: Beck, Redden & Secrest announced today that six of its attorneys have been named "Texas Super Lawyers" by Texas Monthly magazine in its October issue. Only five percent of all Texas lawyers are so honored. (Complete article attached)
BRS Recognized In Annual Defense Hot List for '06
August 21, 2006September 2006: Beck, Redden & Secrest has been recognized in the National Law Journal's (NLJ) second annual "Defense Hot List" for 2006. To compile their list, the NLJ looks for firms with an overall impressive track record that scored at least one significant defense win within the past 12 months. (Complete article attached).
Russell Post Named Partner
January 5, 2006January 2006: Beck, Redden & Secrest, L.L.P. is pleased to announce that Russell S. Post has become a Partner in the Firm. Russell is board-certified in civil appellate law by the Texas Board of Legal Specialization. He graduated from the University of Texas in 1991 and obtained a Masters degree from Stanford University in 1992. He received his J.D. from the University of Virginia in 1996. Before entering private practice, Russell clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit. His practice focuses on civil appeals in both state and federal court.
BRS Attorneys Recognized As Super Lawyers
October 11, 2005October 2005: Six attorneys at Beck, Redden & Secrest (David J. Beck, Joe W. Redden, Jr., W. Curt Webb, Eric J.R. Nichols, Alistair B. Dawson and David M. Gunn) were featured in Texas Super Lawyers and Texas Monthly. Only five percent of Texas lawyers are honored as a Texas Super Lawyer. In addition to being recognized in their respective practice areas, David J. Beck and Joe Redden, Jr. were also named to the Top 100 Houston Region list for receiving the highest point totals in the Super Lawyers balloting. Mr. Beck was also named in the top 10 Super Lawyers in Texas as well as the Top Pointer Getter in all of Texas.
Dawson Elected Vice Chair - Litigation Section State Bar of Texas
July 10, 2005July 2005: Alistair Dawson has been Elected Vice Chair of the Litigation Section of State Bar of Texas. (Full article attached)
Beck Recieves ADL Award
April 25, 2005In April 2005, David J. Beck received the Anti-Defamation League’s Karen H. Susman Jurisprudence Award. This award is presented each year to legal professionals who demonstrate a devotion to the principles enshrined in the U.S. constitution, commitment to the democratic values of the United States, and dedication to fair and equal justice for all. According to the ADL, David Beck received this award in part because he "has worked tirelessly for justice, and legal excellence ever since he became an attorney" and because of his extensive service to our community. Click here to view the Susman Jurisprudence Award video.
Firm Named One of Top Five Litgation Boutiques
January 11, 2005In January 2005, The American Lawyer magazine named Beck, Redden & Secrest, L.L.P. as one of the top five litigation boutiques in the nation. The American Lawyer selected the Firm after considering the Firm's accomplishments in 2003 and 2004, and interviewing both the Firm's clients and opposing counsel. (Complete article attached)