January 12, 2012 in Case Summaries

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

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 against him 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. filed).

May 26, 2011 in Case Summaries

Fifth Circuit Appoints Levinger to Tackle Constitutional Questions Involving Sovereign Immunity in ADA Prison Case.

After Mississippi state prison John Hale filed his pro se brief arguing that he was discriminated against in prison based on a disability, the Fifth Circuit appointed Jeff Levinger to prepare a supplemental brief addressing “whether Title II of the Americans With Disabilities Act validly abrogates Eleventh Amendment immunity for claims that violate Title II but are not actual violations of the Fourteenth Amendment.”  Levinger briefed and argued the issue, asserting that Title II did validly abrogate sovereign immunity.  The Fifth Circuit initially disagreed, but at the urging of the U.S. Department of Justice, the Court withdrew its opinion and issued a new opinion remanding the case to the district court for further development of whether Hale had stated a claim under the ADA.  Hale v. King, 642 F.3d 492 (5th Cir. 2011).