Fifth Circuit Vacates Order of Contempt and Incarceration Against Dallas Attorney

Fifth Circuit Vacates Order of Contempt and Incarceration Against Dallas Attorney

August 21, 2015 in Case Summaries

Jeff Levinger successfully represented well-known Dallas attorney Daniel Sheehan in his appeal of an order of civil contempt and incarceration that a federal district judge issued against him while he was defending his client against a charge that it was in contempt of a prior injunction. The Fifth Circuit vacated the order in its entirety, holding that Sheehan “was not provided adequate due process” and that “there was insufficient evidence to find that he personally violated the injunction” previously issued by the district court. Sheehan’s successful challenge to the contempt order received extensive coverage in the Texas Lawyer and other legal publications. Robin Singh Educational Services, Inc. v. Testmasters Educational Services, Inc. v. Sheehan, 799 F.3d 437 (5th Cir. 2015).

Courts: Federal Courts of Appeals
Subject Matter: Ethics & Professional Malpractice

By | August 21st, 2015|Comments Off on Fifth Circuit Vacates Order of Contempt and Incarceration Against Dallas Attorney

Sanction Against Lawyer Reversed Based on Finding That He Did Not Commit the Alleged Conduct.

Sanction Against Lawyer Reversed Based on Finding That He Did Not Commit the Alleged Conduct.

August 25, 2011 in Case Summaries

Jeff Levinger successfully represented a partner in a major Texas law firm who was sanctioned by a trial court for allegedly accusing opposing counsel of suborning perjury and ordered to purchase a half-page apology in the Texas Lawyer.  The Dallas Court of Appeals reversed the sanction in its entirety, holding that the lawyer had not accused opposing counsel of suborning perjury and that the trial court’s order reflected “both an erroneous assessment of the evidence and a misapplication of the law on subornation of perjury.”  Both the sanction order and the successful appeal received extensive coverage in theTexas Lawyer and other legal publications. Rodriquez v. Mumbo Jumbo, 347 S.W. 3d 924 (Tex. App. – Dallas 2011, no pet.).

Courts: Texas Intermediate Appellate Courts
Subject Matter: Ethics & Professional Malpractice
By | August 25th, 2011|Comments Off on Sanction Against Lawyer Reversed Based on Finding That He Did Not Commit the Alleged Conduct.

Judgment Against Law Firm Reversed Based on Failure to Prove Collectibility

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 | January 15th, 2010|Comments Off on Judgment Against Law Firm Reversed Based on Failure to Prove Collectibility

Former Client Not Entitled to Reopen Bankruptcy Case Against Law Firm

Former Client Not Entitled to Reopen Bankruptcy Case Against Law Firm

July 19, 2006 in Case Summaries

Jeff Levinger represented a law firm in the appeal of a bankruptcy court order refusing the plaintiff’s request to reopen a bankruptcy case and to appoint a trustee. The Fifth Circuit affirmed. Industrial Clearinghouse, Inc. v. Jackson Walker, No. 05-10861 (5th Cir. 2006)

Courts: Federal Courts of Appeals
Subject Matter: Ethics & Professional Malpractice
By | July 19th, 2006|Comments Off on Former Client Not Entitled to Reopen Bankruptcy Case Against Law Firm

Summary Judgment in Legal Malpractice Case Affirmed on Appeal

Summary Judgment in Legal Malpractice Case Affirmed on Appeal

December 2, 2005 in Case Summaries

Jeff Levinger represented a law firm in the appeal of a take-nothing summary judgment in its favor in a legal malpractice suit based on a complex bankruptcy transaction. The Dallas Court of Appeals affirmed. Industrial Clearinghouse, Inc. v. Jackson Walker, 05-03-01752-CV (Tex. App-Dallas 2005, pet. denied).

Courts: Texas Intermediate Appellate Courts
Subject Matter: Ethics & Professional Malpractice
By | December 2nd, 2005|Comments Off on Summary Judgment in Legal Malpractice Case Affirmed on Appeal