August 29, 2018 in Case Summaries
Jeff Levinger led a successful effort to overturn a judgment of $6.2 million in actual damages and $1.2 million in attorney’s fees against The Brandt Companies in a long-running dispute with its subcontractor, Beard Industrial, over the construction of a semiconductor facility in New York. In reversing the judgment and remanding the case for a new trial, the Dallas Court of Appeals held that the evidence conclusively established the existence of a written subcontract between Brandt and Beard, even though a dispute existed between them over one aspect of the scope of Beard’s work. The Court also agreed with Brandt that Beard’s evidence failed to support the full amount of quantum merit damages awarded by the jury. Because the jury failed to answer several factual questions necessary to resolve the parties’ disputes, the Court remanded the entire case for a new trial. Subsequently, the case was resolved in a confidential settlement. The Brandt Companies, LLC v. Beard Process Solutions, Inc., No. 05-17-00780-CV, 2018 WL 4103210 (Tex. App.—Dallas Aug. 29, 2018, pet. granted, judgm’t vacated w.r.m.) (mem. op.).
Courts: Texas Intermediate Appellate Courts
Subject Matter: Business Litigation, Procedural & Evidentiary Issues