$61 Million Judgment for Breach of Bond Indenture Reversed and Rendered on Appeal

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).

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

By Levinger| January 15th, 2010|Comments Off

Judgment Against Law Firm Reversed Based on Failure to Prove Collectibility

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).

Courts: Supreme Court of Texas, Texas Intermediate Appellate Courts
Subject Matter: Ethics & Professional Malpractice

By Levinger| January 15th, 2010|Comments Off

Judgment for Hospital CEO Settled on Appeal

April 10, 2008 in Case Summaries

Jeff Levinger represented a former hospital CEO in the appeal of a $2 million judgment based on the hospital’s failure to pay severance benefits. The case settled in mediation after the briefs were filed. Wilson N. Jones Regional Hospital Systems v. Rowley, No. 05-07-00629-CV (filed in the Dallas Court of Appeals).

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

By Levinger| April 10th, 2008|Comments Off

$20 Million Damages Award Affirmed in Airbag Defect Case

March 7, 2008 in Case Summaries

Jeff Levinger represented a catastrophically injured woman and her family in the appeal of a $20 million judgment arising from the nondeployment of a side impact airbag. The Fort Worth Court of Appeals affirmed and the Texas Supreme Court denied review. General Motors Corp. v. Burry, 203 S.W.3d 514 (Tex. App. – Fort Worth 2006, pet. denied).

Courts: Supreme Court of Texas, Texas Intermediate Appellate Courts
Subject Matter: Products Liability & Personal Injury

By Levinger| March 7th, 2008|Comments Off

$56 Million Judgment for Trademark Infringement Settled on Appeal

August 31, 2007 in Case Summaries

Jeff Levinger represented NDS, a manufacturer of irrigation products, in the appeal of a $56 million judgment based on alleged trademark infringement. The case settled in mediation after oral argument. National Diversified Sales, Inc. v. DFW Plastics, Inc., No. 02-06-00231-CV (filed in the Fort Worth Court of Appeals).

Courts: Texas Intermediate Appellate Courts
Subject Matter: Intellectual Property

By Levinger| August 31st, 2007|Comments Off