December 27, 2007 in Case Summaries

After serving as appellate counsel for the Dallas-Fort Worth International Airport Board during a three-week jury trial, Jeff Levinger was successful in persuading the Fifth Circuit to affirm the jury’s verdict that DFW did not violate the False Claims Act in submitting grant applications to the Federal Aviation Administration.  The Fifth Circuit found no reversible error in connection with District Judge Barbara Lynn’s evidentiary rulings and jury instructions.  United States ex rel. Heath v. Dallas-Fort Worth Int’l Airport Board, No. 06‑10958 (5th Cir. 2007).

Courts:  Federal Courts of Appeals
Subject Matter:  Securities Matters & Fraud; Business Litigation

August 31, 2007 in Case Summaries

Jeff Levinger represented NDS, a manufacturer of irrigation products, in the appeal of a $56 million judgment based on alleged trademark infringement.  The case settled in mediation after oral argument. National Diversified Sales, Inc. v. DFW Plastics, Inc., No. 02-06-00231-CV (filed in the Fort Worth Court of Appeals).

July 12, 2007 in Case Summaries

Jeff Levinger represented the investors in a surgery center in the appeal of the trial court’s determination that a Rule 11 settlement agreement was unenforceable.  The Dallas Court of Appeals reversed, holding that the settlement agreement was enforceable.  Disney Bingham Investments, Inc. v. Gollan, 233 S.W.3d 591 (Tex. App. – Dallas 2007, no pet.).

August 31, 2006 in Case Summaries

Jeff Levinger represented Martin K. Eby Construction Company in a successful appeal
to reverse a summary judgment against Eby in its suit against LAN/STV, an architect and engineering firm.  Eby sued LAN/STV for negligent misrepresentations contained in construction plans for a DART rail project running from the West End to the American Airlines Center in Dallas.  The trial court granted summary judgment to LAN/STV based on a Texas statute providing immunity to certain independent contractors of  governmental entities like DART.  Although the U.S. Court of Appeals for the Fifth Circuit had previously sided with LAN/STV in a separate appeal involving another contractor, the Dallas Court of Appeals agreed with Eby’s interpretation of the derivative immunity statute and held that LAN/STV would be liable in tort to Eby to the same extent that DART would be liable in contract to Eby.  The court of appeals remanded the case for trial on the merits. Martin K. Eby Construction Co. v. LAN/STV, 205 S.W.3d 15 (Tex. App. — Dallas  2006, pet. denied).

July 19, 2006 in Case Summaries

Jeff Levinger represented a law firm in the appeal of a bankruptcy court order refusing the plaintiff’s request to reopen a bankruptcy case and to appoint a trustee. The Fifth Circuit affirmed. Industrial Clearinghouse, Inc. v. Jackson Walker, No. 05-10861 (5th Cir. 2006)