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).

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).

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).