Federal Courts of Appeals
Court Affirms $4.5 Million Lender Liability Judgment
Court Affirms $4.5 Million Lender Liability Judgment
June 14, 1999 in Case Summaries
Jeff Levinger represented Perry Brothers in the appeal of a $4.5 million judgment in its favor in a lender liability suit. The Fifth Circuit affirmed. NationsBank of Texas, N.A. v. Perry Brothers, Inc., No. 98-40237 (5th Cir. 1999) (unpublished opinion).
Subject Matter: Business Litigation
Court Disallows State Court Judgment Based on Bankruptcy Plan
Court Disallows State Court Judgment Based on Bankruptcy Plan
March 22, 1999 in Case Summaries
Jeff Levinger represented AFC in the appeal of the bankruptcy court’s and district court’s judgment disallowing a former employee’s state court awards of $1.1 million in attorney’s fees and interest. The Fifth Circuit affirmed and the U.S. Supreme Court denied review. Samaras v. America’s Favorite Chicken Co., 153 F.3d 268 (5th Cir. 1998), cert. denied, 143 L.Ed.2d 348 (1999).
Subject Matter: Procedural & Evidentiary Issues
$14 Million in Actual and Punitive Damages Reversed in Fraud Suit
$14 Million in Actual and Punitive Damages Reversed in Fraud Suit
March 3, 1999 in Case Summaries
Jeff Levinger represented Milligan and Montague & Company in the appeal of a judgment in favor of investors for actual and punitive damages exceeding $14 million based on the jury’s findings of fraud, breach of fiduciary duty, and conspiracy in connection with a corporate reorganization. The Fifth Circuit reversed, vacating the actual and punitive damage awards. Dyll v. Milligan and Montague & Company, 167 F.3d 945 (5th Cir. 1999).
Subject Matter: Securities Matters & Fraud
Court Affirms Take-Nothing Judgment in Bankruptcy Case Applying Louisiana Law
Court Affirms Take-Nothing Judgment in Bankruptcy Case Applying Louisiana Law
October 15, 1998 in Case Summaries
Jeff Levinger represented ACE in an appeal from a bankruptcy court’s entry of a take-nothing judgment against LFFG following remand proceedings in a Louisiana-law breach of contract case. The Fifth Circuit affirmed the take-nothing judgment. Louisiana First Financial Group, Inc. v. Al Copeland Enterprises, 149 F.3d 1173 (5th Cir. 1998) (unpublished opinion).
Subject Matter: Business Litigation
Court Refuses Request for Additional Damages and Injunction in Nine-Figure Trade Secret Case
Court Refuses Request for Additional Damages and Injunction in Nine-Figure Trade Secret Case
October 17, 1997 in Case Summaries
Jeff Levinger represented Next Level in an appeal by DSC seeking $101 million in damages and a permanent injunction in a trade secrets case, in addition to the $137 million that DSC had recovered in the district court. The Fifth Circuit affirmed the judgment, refusing to award DSC additional damages or injunctive relief. DSC Communications Corp. v. Next Level Communications, 107 F.3d 322 (5th Cir. 1997).
Subject Matter: Intellectual Property