Appeals

Take-Nothing Judgment Affirmed Based on Res Judicata

Take-Nothing Judgment Affirmed Based on Res Judicata

April 21, 2006 in Case Summaries

Jeff Levinger represented Michael Cohen in the appeal of a take-nothing judgment in his favor based on res judicata.  The Dallas Court of Appeals affirmed.  Frazin v. Cohen, No. 05-03-01706-CV (Tex. App.  – Dallas 2005, pet. denied) (unpublished opinion).

Courts: Texas Intermediate Appellate Courts
Subject Matter: Procedural & Evidentiary Issues
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Summary Judgment in Legal Malpractice Case Affirmed on Appeal

Summary Judgment in Legal Malpractice Case Affirmed on Appeal

December 2, 2005 in Case Summaries

Jeff Levinger represented a law firm in the appeal of a take-nothing summary judgment in its favor in a legal malpractice suit based on a complex bankruptcy transaction. The Dallas Court of Appeals affirmed. Industrial Clearinghouse, Inc. v. Jackson Walker, 05-03-01752-CV (Tex. App-Dallas 2005, pet. denied).

Courts: Texas Intermediate Appellate Courts
Subject Matter: Ethics & Professional Malpractice
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Take-Nothing Judgment in Legal Malpractice Case Affirmed on Appeal

Take-Nothing Judgment in Legal Malpractice Case Affirmed on Appeal

July 27, 2005 in Case Summaries

Jeff Levinger represented a law firm in the appeal of a take-nothing summary judgment in a legal malpractice suit based on the plaintiff’s failure to prove actual damages. The Dallas Court of Appeals affirmed the take-nothing judgment. El Dorado Motors, Inc. v. Vial Hamilton Koch & Knox, 168 S.W. 3d 360 (Tex. App.- Dallas 2005, no pet.).

Courts: Texas Intermediate Appellate Courts
Subject Matter: Ethics & Professional Malpractice

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Texas Supreme Court Rejects Fraud and Fiduciary Duty Claims Against Developer

Texas Supreme Court Rejects Fraud and Fiduciary Duty Claims Against Developer

June 24, 2005 in Case Summaries

Jeff Levinger represented a Texas real estate developer in an appeal from a JNOV dismissing claims of fraud and breach of fiduciary duty brought by a former employee.  The Waco Court of Appeals affirmed in part and reversed in part, but the Texas Supreme Court reversed and rendered a take-nothing judgment in favor of the developer.  Cathey v. Meyer, 115 S.W.3d 694 (Tex. App. — Waco 2003), rev’d, 167 S.W.3d 327 (Tex. 2005).

Courts: Supreme Court of Texas,  Texas Intermediate Appellate Courts
Subject Matter: Oil & Gas/Real Estate, Securities Matters & Fraud
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Roofing Fabricator Entitled to Damages and Interest from Owner

Roofing Fabricator Entitled to Damages and Interest from Owner

February 16, 2005 in Case Summaries

Jeff Levinger represented NCI, a national roofing fabricator, in the appeal of a take-nothing judgment on claims brought by the owner and a substantial judgment on counterclaims brought by the fabricator.  The Sixth Circuit affirmed and remanded for a determination of prejudgment interest owed to the fabricator.  Crossley Construction v. NCI Building Systems, LP, No. 03-6512 (6th Cir. 2005) (unpublished opinion).

Courts: Federal Courts of Appeals
Subject Matter: Business Litigation
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