Bad Faith Litigation
The firm has both trial and appellate experience in handling bad faith lawsuits filed against carriers from claim level to final resolution. Several reported cases have been frequently cited as extracontractual jurisprudence has been developed.
We have experience in representing a variety of companies with unique issues. For security companies, we have handled rape, equipment failure and employee bad act cases. For employee placement companies, we have handled fraud, negligent hiring and retention, and breach of contract cases. We have experience handling a variety of business-related issues like non-compete disputes, breach of contract, and fraudulent inducement.
Debt Collection Practices Act
We have handled a number of cases involving alleged violations of the Federal and State Debt Collection Practices Acts and Fair Credit Reporting Act. We have successfully tried cases to defense verdicts in federal and state bench and jury trials.
Members of the firm have experience in defense of ERISA plans. From recommending changes within plan documents as risk management tools to defense of the plan at the federal court appellate level, the firm’s knowledge goes beyond the simple interpretation of the act to real life experience.
General Insurance Defense
We have experience in handling all kinds of insurance defense work from claim level to litigation to trial to appeal. Those areas include personal injury defense, motor vehicle, property/casualty, D&O liability and commercial insurance.
Health Care Provider Malpractice
Senior members of the firm have specific trial and appellate experience in many areas of health care provider liability. Specific areas of experience are nurses (student, L.V.N., R.N., Nurse Practitioner), respiratory therapists, physical therapists, medical doctors (ob/gyns, neurosurgeon, family practice, oncologists, pediatricians, psychiatrists), dentists and miscellaneous health care facilities (clinics, state hospitals, Tort Claims Act facilities, emergency rooms, psychiatric units and nursing homes).
Insurance Agent and Adjuster Liability Defense
We are experienced in handling the E&O defense of insurance agents and adjusters who have written insurance policies for health, auto, commercial, builder’s risk, home, malpractice and miscellaneous policies. We have specific experience in understanding the nuances of the Texas DTPA and Insurance Code.
We have experience in the defense of many other professions for negligence, breach of fiduciary duty and breach of contract, including real estate agents, attorneys, accountants, bankruptcy trustees, escrow agents (real estate and airplanes), property management companies, security companies and computer software companies.
We have very unique experience in handling cases in the various fields of psychotherapy. The professionals we have defended include licensed professional counselors, licensed marriage and family therapists, pastoral counselors, MSW’s (social workers), psychological associates, art therapists and PHD licensed psychologists. We have trial experience in handling cases involving allegations of sexual misconduct on the part of the therapist, false memories and suicide.
We have extensive experience in representing businesses and individuals in Chapter 7 (liquidation and Chapter 11 (reorganization) bankruptcies. We work with court appointed receivers to protect and preserve businesses value and assets. In addition, we handle both the prosecution and defense of objections to discharges of debts in bankruptcy.
The firm has extensive experience in defending creditors and collection agencies in Fair Debt Collection Practices Act, Telephone Consumer Protection Act and related claims. We handle judicial and statutory foreclosures on real and personal property as well as collection of commercial claims and judgments in state and federal court. We also assist clients with their rights and obligations in secured transactions, including those arising under Article 9 of the Uniform Commercial Code.
We regularly assist our financial service, business and individual clients with out of court workouts and restructuring of financial obligations. Our breadth of experience in this area enables us to negotiate favorable terms, extensions, renewals, forbearance agreement and similarly structured outcomes for our clients with the goal of enabling them to reach mutually advantageous business or enterprise outcomes.