Texas Intermediate Appellate Courts

Second Appeal Results in Reversal of Breach of Contract Judgment Against Levinger PC Clients

Second Appeal Results in Reversal of Breach of Contract Judgment Against Levinger PC Clients

June 25, 2014 in Case Summaries

After two appeals to the Dallas Court of Appeals, Levinger PC clients Hampden Corporation and Fantasy Diamond Corporation won the complete reversal of a $750,000 judgment against them for the alleged breach of a commission agreement with one of their sales representatives. The court of appeals held that the commission agreement was modified by an enforceable agreement to pay the sales representative on a monthly retainer basis, and that Hampden and Fantasy Diamond were entitled to terminate the modified agreement at any time. The opinion ended nearly seven years of litigation between the parties. Hampden Corp. v. Remark, Inc., No. 05‑13‑00529‑CV, 2014 WL 2921655 (Tex. App. ‑‑ Dallas June 25, 2014, pet. denied).

Courts: Texas intermediate Appellate Courts
Subject Matter: Labor & Employment

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Oral Contract to Reimburse Asbestos Mistake Affirmed on Appeal

Oral Contract to Reimburse Asbestos Mistake Affirmed on Appeal

January 13, 2014 in Case Summaries

Jeff Levinger represented long-time clients Jakalam Properties and Michael Cohen in persuading the Dallas Court of Appeals to affirm a favorable jury verdict based on the breach of an oral agreement.  The agreement arose out of a commitment on the part of an asbestos testing lab to reimburse Jakalam for the expenses it had to incur after the lab mistakenly reported that a building being renovated by Jakalam contained asbestos.  The Court rejected the lab’s contention that the oral contract was too indefinite to be enforced, holding that the contract was sufficiently definite to enable it to fix the parties’ obligations and liabilities.  The court also upheld the jury’s finding that the contract had been breached, and agreed that Jakalam was a prevailing party entitled to recover its attorney’s fees at trial and on appeal.  Crisp Analytical Lab, L.L.C. v. Jakalam Properties, Ltd., 422 S.W.3d 85 (Tex. App. ‑‑ Dallas 2013, pet. denied).

Courts:  Texas Intermediate Appellate Courts
Subject Matter:  Business Litigation

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Dallas Court of Appeals Revives Medical Malpractice Suit Brought by Client Blinded After Heart Surgery

Dallas Court of Appeals Revives Medical Malpractice Suit Brought by Client Blinded After Heart Surgery

April 5, 2013 in Case Summaries

Working with trial attorneys Kenneth Chaiken and Robert Chaiken, Jeff Levinger persuaded the Dallas Court of Appeals to reverse the trial court’s dismissal of a medical malpractice lawsuit brought by their clients, Ronald and Pam Fortner.  Mr. Fortner became totally and permanently blind in the days following a cardiac bypass procedure, when his physicians and nurses failed to timely obtain appropriate treatment and consultations after he began complaining about visual problems.  The trial court dismissed the case on the ground that the expert reports did not adequately explain the element of causation, but after reading the Fortners’ brief and hearing oral argument, the court of appeals held that the trial court had abused its discretion and remanded the case for further proceedings.  Fortner v. Hospital of the Southwest, et al., 399 S.W.3d 373 (Tex. App. ‑‑ Dallas 2013, no pet.).

Courts:  Texas Intermediate Appellate Courts
Subject Matter:  Products Liability & Personal Injury

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Judgment in Favor of Quadruple Amputee Victim of Medical Malpractice Affirmed on Appeal.

Judgment in Favor of Quadruple Amputee Victim of Medical Malpractice Affirmed on Appeal.

August 24, 2012 in Case Summaries

Working with well-known personal injury attorneys Windle Turley and Linda Turley, Jeff Levinger secured the affirmance of a $5.3 million medical malpractice judgment in favor of David Fritzgerald against an infectious disease specialist.  Mr. Fritzgerald had lost all four of his limbs following hernia surgery when a MRSA infection invaded his body and was not timely treated with the appropriate antibiotic therapy.  On appeal, the Dallas court of appeals held that the evidence was sufficient to support the jury’s finding of causation as well as its refusal to assign responsibility to various settling parties.  Although the court remanded the case for recalculation of the future medical expenses, the parties subsequently settled before the remanded proceeding occurred.  Prabhakar v. Fritzgerald, ___ S.W.3d ___, 2012 WL 3667400 (Tex. App. ‑‑ Dallas Aug. 24, 2012, no pet.).

Courts:  Texas Intermediate Appellate Courts
Subject Matter:  Products Liability & Personal Injury

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Multi-Million Dollar Judgment for Breach of Fiduciary Duty Reversed Based on Contractual Disclaimer.

Multi-Million Dollar Judgment for Breach of Fiduciary Duty Reversed Based on Contractual Disclaimer.

January 12, 2012 in Case Summaries

In a complex partnership dispute that culminated in a multi-million dollar jury verdict, Jeff Levinger persuaded the Houston First Court of Appeals to reverse the judgment against his client, Douglas Strebel.  Strebel’s former partner, John Wimberly, had obtained a $3.4 million judgment  based on the jury’s findings that Strebel had breached alleged fiduciary duties as both the controlling member of a Delaware LLC and the limited partner of a Texas LP.  The court of appeals reversed, holding that Wimberly’s alleged loss of distributions occurred only at the LP level where the parties had contractually disclaimed any fiduciary duties on the part of the general partner and the controlling member of the general partner.  Strebel v. Wimberly, 371 S.W.3d 267 (Tex. App. ‑‑ Houston [1st Dist.] 2012, pet. denied).

Courts: Supreme Court of Texas, Texas Intermediate Appellate Courts
Subject Matter:  Business Litigation

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