March 20, 2012 in Case Summaries

Jeff Levinger was retained to appeal a federal district court’s dismissal of a € 136 million fraudulent transfer action brought by MC Asset Recovery, a bankruptcy litigation trustee of Mirant Corporation, against a group of European lenders.  The district court had dismissed the case after deciding that the applicable fraudulent transfer law was supplied by Georgia, which did not allow for the avoidance of the guaranty transaction at issue.  On appeal, Levinger persuaded the Fifth Circuit that controlling choice-of-law principles required the application of New York law rather than Georgia law.  The Court also rejected the lenders’ argument that MC Asset Recovery lacked standing to sue because the creditors of Mirant purportedly had been paid in full.  Based on these rulings, the Fifth Circuit remanded the case to be decided on the merits under the New York fraudulent transfer statute.  MC Asset Recovery LLC v. Commerzbank A.G., 675 F.3d 530 (5th Cir. 2012).

Courts:  Federal Courts of Appeals
Subject Matter:  Procedural and Evidentiary Issues; Bankruptcy

December 30, 2011 in Case Summaries

Jeff Levinger represented Flint Hills Resources in its appeal seeking to overturn a federal district court’s declaratory judgment allowing Travis County to build a railroad spur over Flint Hills’ pipeline easement.  Relying on an infrequently invoked Texas statute and the language of the easement, the Fifth Circuit reversed and held that the County could not build the spur over the easement unless it first pays Flint Hills for the substantial costs of fortifying the pipeline and relocating it to a greater depth.  Travis County, Texas v. Flint Hills Resources, L.P., 456 Fed. Appx. 410, 2011 WL 6934492 (5th Cir. Dec. 30, 2011).

Courts:  Federal Courts of Appeals
Subject Matter:  Oil & Gas/Real Estate

May 26, 2011 in Case Summaries

After Mississippi state prison John Hale filed his pro se brief arguing that he was discriminated against in prison based on a disability, the Fifth Circuit appointed Jeff Levinger to prepare a supplemental brief addressing “whether Title II of the Americans With Disabilities Act validly abrogates Eleventh Amendment immunity for claims that violate Title II but are not actual violations of the Fourteenth Amendment.”  Levinger briefed and orally argued the issue, asserting that Title II did validly abrogate sovereign immunity.  The Fifth Circuit initially disagreed, but at the urging of the U.S. Department of Justice, the Court withdrew its opinion and issued a new opinion remanding the case to the district court for further development of whether Hale had stated a claim under the ADA.  Hale v. King, 642 F.3d 492 (5th Cir. 2011).

Courts:  Federal Courts of Appeals
Subject Matter:  Labor & Employment

February 12, 2009 in Case Summaries

Jeff Levinger represented Flint Hills, a crude oil processor, in the appeal of a $700,000 judgment based on its decision to suspend performance under a purchase contract.  The Fifth Circuit reversed, holding that the processor had the right to suspend performance because of uncertainty as to whether the crude oil was stolen, and rendered a take-nothing judgment.  Flint Hills, LP v. JAG, Inc., 559 F.3d 373 (5th Cir. 2009).

July 25, 2008 in Case Summaries

Jeff Levinger represented Canon in the appeal of a judgment against it based on the alleged breach of a patent license agreement.  The Fifth Circuit reversed and held that the plaintiff was not entitled to terminate Canon’s patent license agreement.  Nano-Proprietary, Inc. v. Canon Inc., 537 F.3d 394 (5th Cir. 2008).