Fifth Circuit Affirms Judgment for DFW Airport in Qui Tam Lawsuit

December 27, 2007 in Case Summaries

After serving as appellate counsel for the Dallas-Fort Worth International Airport Board during a three-week jury trial, Jeff Levinger was successful in persuading the Fifth Circuit to affirm the jury’s verdict that DFW did not violate the False Claims Act in submitting grant applications to the Federal Aviation Administration. The Fifth Circuit found no reversible error in connection with District Judge Barbara Lynn’s evidentiary rulings and jury instructions. United States ex rel. Heath v. Dallas-Fort Worth Int’l Airport Board, No. 06‑10958 (5th Cir. 2007).

Courts: Federal Courts of Appeals
Subject Matter: Securities Matters & Fraud; Business Litigation

By Levinger| December 27th, 2007|Comments Off

Dallas Court of Appeals Reverses Summary Judgment Against DART Contractor Based on Derivative Immunity Statute

August 31, 2006 in Case Summaries

Jeff Levinger represented Martin K. Eby Construction Company in a successful appeal to reverse a summary judgment against Eby in its suit against LAN/STV, an architect and engineering firm. Eby sued LAN/STV for negligent misrepresentations contained in construction plans for a DART rail project running from the West End to the American Airlines Center in Dallas. The trial court granted summary judgment to LAN/STV based on a Texas statute providing immunity to certain independent contractors of governmental entities like DART. Although the U.S. Court of Appeals for the Fifth Circuit had previously sided with LAN/STV in a separate appeal involving another contractor, the Dallas Court of Appeals agreed with Eby’s interpretation of the derivative immunity statute and held that LAN/STV would be liable in tort to Eby to the same extent that DART would be liable in contract to Eby. The court of appeals remanded the case for trial on the merits. Martin K. Eby Construction Co. v. LAN/STV, 205 S.W.3d 15 (Tex. App. — Dallas 2006, pet. denied).

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

By Levinger| August 31st, 2006|Comments Off

Roofing Fabricator Entitled to Damages and Interest from Owner

February 16, 2005 in Case Summaries

Jeff Levinger represented NCI, a national roofing fabricator, in the appeal of a take-nothing judgment on claims brought by the owner and a substantial judgment on counterclaims brought by the fabricator. The Sixth Circuit affirmed and remanded for a determination of prejudgment interest owed to the fabricator. Crossley Construction v. NCI Building Systems, LP, No. 03-6512 (6th Cir. 2005) (unpublished opinion).

Courts: Federal Courts of Appeals
Subject Matter: Business Litigation

By Levinger| February 16th, 2005|Comments Off

Texas Supreme Court Grants Review of Consumer Class Action

February 16, 2005 in Case Summaries

Jeff Levinger represented AT&T in seeking review of the court of appeals’ determination that the Federal Communications Act does not preempt a consumer class action alleging fraud and breach of contract. The Texas Supreme Court granted the petition for review, and the case settled before oral argument. Bryceland v. AT&T Wireless, No. 03-0948 (Tex. 2005).

Courts: Supreme Court of Texas
Subject Matter: Business Litigation, Procedural & Evidentiary Issues, Securities Matters & Fraud

By Levinger| February 16th, 2005|Comments Off

Court Affirms Summary Judgment for DISD in Civil Rights Suit

January 25, 2001 in Case Summaries
Jeff Levinger represented the Dallas Independent School District in the appeal of a summary judgment dismissing civil rights claims asserted against DISD by its former trustee. The Dallas Court of Appeals affirmed. Dallas Independent School District v. Finlan, 27 S.W. 3d 220 (Tex. App. ‑‑ Dallas 2000, pet. denied).
Courts: Texas Intermediate Appellate Courts

Subject Matter: Business Litigation

By Levinger| January 25th, 2001|Comments Off