Texas Intermediate Appellate Courts
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.).
Subject Matter: Securities Matters & Fraud
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).
Subject Matter: Products Liability & Personal Injury
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).
Subject Matter: Products Liability & Personal Injury
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).
Subject Matter: Procedural & Evidentiary Issues, Products Liability & Personal Injury
Court Upholds Finding of Fraud and Damages in Joint Venture Case
Court Upholds Finding of Fraud and Damages in Joint Venture Case
April 10, 2003 in Case Summaries
Jeff Levinger represented Main Street in the appeal of a $14.5 million judgment in a case involving fraudulent representations in connection with a failed joint venture with Shell Oil. The Dallas Court of Appeals affirmed as to liability, and affirmed in part and reversed in part as to damages. Main Street Ventures v. Shell Oil Products Co., 90 S.W.3d 375 (Tex. App. — Dallas 2002, pet. dism’d by agr.).
Subject Matter: Securities Matters & Fraud