Appeals

Texas Supreme Court Grants Review of Consumer Class Action

Texas Supreme Court Grants Review of Consumer Class Action

February 16, 2005 in Case Summaries

Jeff Levinger represented AT&T in seeking review of the court of appeals’ determination that the Federal Communications Act does not preempt a consumer class action alleging fraud and breach of contract.  The Texas Supreme Court granted the petition for review, and the case settled before oral argument.  Bryceland v. AT&T Wireless, No. 03-0948 (Tex. 2005).

Courts: Supreme Court of Texas
Subject Matter: Business Litigation, Procedural & Evidentiary Issues, Securities Matters & Fraud
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Take-Nothing Judgment in Real Estate Fraud and DTPA Suit Affirmed

Take-Nothing Judgment in Real Estate Fraud and DTPA Suit Affirmed

December 29, 2004 in Case Summaries

Jeff Levinger represented a Dallas real estate developer in the appeal of a take-nothing summary judgment in its favor in a fraud/DTPA suit based on a failed real estate transaction.  The Dallas Court of Appeals affirmed. Simpson v. Woodbridge Properties, L.L.C., 153 S.W.3d 682 (Tex. App. – Dallas 2004, no pet.).

Courts: Texas Intermediate Appellate Courts
Subject Matter: Oil & Gas/Real Estate, Securities Matters & Fraud
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Multi-Million Dollar Sexual Harassment Judgment Affirmed in Part

Multi-Million Dollar Sexual Harassment Judgment Affirmed in Part

August 27, 2004 in Case Summaries

Jeff Levinger represented a terminated employee in the appeal of a $10.5 million judgment based on the intentional infliction of emotional distress and sexual harassment.  The Texas Supreme Court reversed the judgment based on intentional infliction but affirmed as to sexual harassment.  Hoffmann LaRoche v. Zeltwanger, 69 S.W.3d 634 (Tex. App. – Corpus Christi 2002), rev’d and remanded in part, 144 S.W.3d 438 (Tex. 2004).

Courts: Supreme Court of Texas, Intermediate Appellate Courts
Subject Matter: Labor & Employment
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Directed Verdict Upheld in Sexual Harassment Suit

Directed Verdict Upheld in Sexual Harassment Suit

June 18, 2004 in Case Summaries

Jeff Levinger represented Scott Fetzer in the appeal of a directed verdict dismissing a sexual harassment case brought by an independent contractor.  The Fort Worth Court of Appeals affirmed the take-nothing judgment. Johnson v. Scott Fetzer, 124 S.W.3d 257  (Tex. App. — Fort Worth 2003, pet. denied).

Courts: Texas Intermediate Appellate Courts
Subject Matter: Labor & Employment
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Court Affirms Limitations Bar Against Legal Malpractice Claims

Court Affirms Limitations Bar Against Legal Malpractice Claims

May 28, 2004 in Case Summaries
Jeff Levinger represented a law firm in the appeal of a summary judgment dismissing the plaintiff’s legal malpractice claims based on the statute of limitations.  The Dallas Court of Appeals affirmed, but the Texas Supreme Court reversed and remanded based on an intervening opinion in an unrelated case.  The Dallas Court of Appeals affirmed again on remand. Parsons v. Windle Turley. P.C., 50 S.W. 3d (Tex. App. – Dallas 2000), aff’d on remand, 109 S.W. 3d 804 (Tex. App. – Dallas 2003, pet. denied).

Courts: Supreme Court of Texas, Texas Intermediate Appellate Courts
Subject Matter: Ethics & Professional Malpractice, Procedural & Evidentiary Issues
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