January 15, 2010 in Case Summaries

Jeff Levinger represented Sears, Roebuck and Co. in the appeal of a $61 million judgment based on a jury verdict that Sears breached a bond indenture by prematurely redeeming corporate bonds held by a number of institutional investors. The Dallas Court of Appeals sustained Sears’ no evidence challenge because the investors failed to present any evidence of breach, and thus reversed and rendered a take-nothing judgment against the investors. After Sears responded to the investors’ petition for review, the Texas Supreme Court denied the petition. Sears, Roebuck and Co. v. AIG Annuity Ins. Co., 270 S.W.3d 632 (Tex. App.–Dallas 2008, pet. denied).

January 15, 2010 in Case Summaries

Jeff Levinger represented a national law firm in the appeal of a $1.2 million judgment in a legal malpractice case arising out of a complex civil suit.  The Texas Supreme Court reversed, holding that the plaintiff had failed to prove that a favorable judgment in the underlying suit would have been collectible from the defendant in the underlying suit. Akin, Gump, Strauss, Hauer & Feld v. NDR, 299 S.W. 3d 106 (Tex. 2009).

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).

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).

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).