Board Certified Civil Appellate Law Texas Board of Legal Specialization

Levinger Argues Texas Supreme Court Trilogy in 2013

Levinger Argues Texas Supreme Court Trilogy in 2013

October 8, 2013 in News
On October 8, 2013, Jeff Levinger completed an unusual trifecta of arguing three different cases before the Texas Supreme Court in a span of less than eight months.  The October case is styled LAN/STV v. Martin K. Eby Construction Co., No. 11-0810, and presents the issue whether the economic loss rule affects a general contractor’s right to bring a negligent misrepresentation claim against an architect and engineer for providing inaccurate information on which the contractor relied in preparing its bid.  Levinger argued the second case on September 9, 2013; it is styled Kia Motors Corp. v. Ruiz, No. 11-0709, and presents several evidentiary issues in a products liability case involving a frontal airbag that failed to deploy in a head-on collision.  The first case, Ritchie v. Rupe, No. 11-0447, was argued on February 26, 2013 and presents questions regarding the scope of and remedies for the claim of minority shareholder oppression in Texas.  Click here to read the transcript from the oral argument in the Rupe case, Click here to read the transcript from the oral argument in the Ruiz case, Click here to read the transcript from the oral argument in the Eby case.

Subject Matter:  Business Litigation, Products Liability and Personal Injury, Procedural and Evidentiary Issues.

By | October 8th, 2013|Comments Off on Levinger Argues Texas Supreme Court Trilogy in 2013
Read More

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

By | April 5th, 2013|Comments Off on Dallas Court of Appeals Revives Medical Malpractice Suit Brought by Client Blinded After Heart Surgery
Read More

Levinger PC Teams With Gruber Hurst Trial Lawyers in Massive Oil and Gas Fraud Suit

Levinger PC Teams With Gruber Hurst Trial Lawyers in Massive Oil and Gas Fraud Suit

January 9, 2013 in News
Jeff Levinger served as appellate counsel to Mike Gruber and other trial lawyers from Gruber Hurst Johansen Hail Shank in representing their client, MC Asset Recovery LLC, against Castex Energy in a jury trial before U.S. District Judge Terry Means in Fort Worth.  MC Asset Recovery sued Castex for fraud and breach of contract arising from the sale of an interest in a South Louisiana oil and gas field ‑‑ an interest that Castex had secretly negotiated to resell to Apache for a $75 million profit.  The suit sought compensatory and punitive damages against Castex and affiliated defendants in excess of $400 million.  Castex was represented by the law firms of Susman Godfrey and Gordon Arata.  The case settled on the second day of trial for a confidential sum.

Subject Matter:  Business Litigation, Oil & Gas/Real Estate

By | January 9th, 2013|Comments Off on Levinger PC Teams With Gruber Hurst Trial Lawyers in Massive Oil and Gas Fraud Suit
Read More

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

By | January 12th, 2012|Comments Off on Multi-Million Dollar Judgment for Breach of Fiduciary Duty Reversed Based on Contractual Disclaimer.
Read More

Dallas Court of Appeals Rules Again for DART Contractor, Supreme Court Applies Economic Loss Rule

Dallas Court of Appeals Rules Again for DART Contractor in Dispute Against Architect

August 29, 2011 in Case Summaries

In a second appeal involving the same lawsuit, Jeff Levinger again successfully represented Martin K. Eby Construction Company in its negligent misrepresentation suit against LAN/STV, an architect and engineer that prepared faulty construction plans and drawings for an extension of the DART rail project.  Following the remand in the first appeal, Eby settled its administrative claim against DART for $4.7  million and proceeded to trial against LAN/STV.  The jury found that LAN/STV had committed negligent misrepresentations that caused Eby $5 million in damages, but the trial court reduced the award to $2,250,000 plus interest based on the jury’s additional finding that LAN/STV was 45% responsible.  On appeal, the Dallas Court of Appeals rejected LAN/STV’s arguments regarding the derivative governmental immunity statute, the economic loss doctrine, the evidence of negligent misrepresentations, and the effect of the DART settlement.  The Texas Supreme Court subsequently reversed, holding that the economic loss rule restricted Eby to a breach of contact claim against DART.  Martin K. Eby Construction Co. v. LAN/STV, 350 S.W. 3d 675 (Tex. App. — Dallas Aug. 29, 2011), rev’d, 435 S.W. 30 234(Tex.2014).

Courts: Supreme Court of Texas,  Texas Intermediate Appellate Courts
Subject Matter: Business Litigation, Procedural & Evidentiary Issues

By | August 29th, 2011|Comments Off on Dallas Court of Appeals Rules Again for DART Contractor, Supreme Court Applies Economic Loss Rule
Read More

SEARCH LEVINGER’S EXTENSIVE EXPERIENCE