Appeals

Court Holds That Viatical Settlement Contracts Are Not Securities

Court Holds That Viatical Settlement Contracts Are Not Securities

May 26, 2004 in Case Summaries
Jeff Levinger represented Life Partners in the appeal of a summary judgment holding that viatical settlement contracts are not securities under the Texas Securities Act.  The Waco Court of Appeals affirmed.  Griffitts v. Life Partners, Inc., No. 10-01-271-CV (Tex. App. — Waco 2004, no pet.).

Courts:  Texas Intermediate Appellate Courts
Subject Matter: Securities Matters & Fraud
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Court Affirms $14 Million Judgment for Fannie Mae

Court Affirms $14 Million Judgment for Fannie Mae

December 17, 2003 in Case Summaries
Jeff Levinger represented Fannie Mae in the appeal of Fannie Mae’s $14 million judgment against the seller of Title I loans.  The Fifth Circuit affirmed.  Hurt, et al. v. Federal National Mortgage Association, 354 F.3d 372 (5th Cir. 2003).

Courts: Federal Courts of Appeals
Subject Matter: Oil & Gas/Real Estate
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Wrongful-Death Judgment in Products Liability Case Settled on Appeal

Wrongful-Death Judgment in Products Liability Case Settled on Appeal

October 28, 2003 in Case Summaries
Jeff Levinger represented Sears in the appeal of a $10.5 million judgment in a wrongful death suit arising from a tire tread separation.  The case settled after briefs were filed.  Sears, Roebuck and Co. v. Tripp (filed in the Amarillo Court of Appeals).

Courts: Texas Intermediate Appellate Courts
Subject Matter: Products Liability & Personal Injury
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Summary Judgment for Lot Owner Reversed in Stolen Car Case

Summary Judgment for Lot Owner Reversed in Stolen Car Case

October 3, 2003 in Case Summaries
Jeff Levinger represented the plaintiffs in an appeal of a summary judgment rendered in favor of a car lot owner who negligently left keys in the ignition of a stolen vehicle that struck the plaintiffs and resulted in catastrophic injuries.  The Eastland Court of Appeals reversed, holding that a fact issue existed as to causation, and remanded the case for trial.  Amaya v. North Texas Enterprises, 94 S.W.2d 856 (Tex. App. — Eastland 2002, pet. denied).

Courts: Supreme Court of Texas,  Texas Intermediate Appellate Courts
Subject Matter: Products Liability & Personal Injury
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Mandamus Granted to Stay Wrongful Death Suit

Mandamus Granted to Stay Wrongful Death Suit

May 29, 2003 in Case Summaries
Jeff Levinger represented Tyler Asphalt in a mandamus proceeding to abate a wrongful death action pending the completion of a workers’ compensation appeal involving a deceased employee.  The Houston Court of Appeals granted the petition for writ of mandamus and abated the underlying case.  In re Tyler Asphalt Co., 107 S.W.3d 832 (Tex. App. — Houston [14th Dist.] 2003, orig. proceeding).

Courts: Texas Intermediate Appellate Courts
Subject Matter: Procedural & Evidentiary Issues, Products Liability & Personal Injury
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