- Successfully overturned judgment on appeal finding that client’s claim was time-barred.
Representing a national mortgage servicing company, was successful in getting a judgment finding that the client’s foreclosure claim was time-barred reversed on appeal.
- Persistence and a Lean, Long-Term Strategy Made the Difference in Opening the Way for Charter Schools in New Orleans
Where we started: When Hurricane Katrina devastated the City of New Orleans, it destroyed most of the city’s public-school buildings. The planned rebuilding of the city’s education system included a prominent role for charter schools – a watershed moment for primary and secondary education in Louisiana. Teachers’ unions opposed the plan because charter schools replacedMore
- Getting Royalty Interests Right: Appeal Preserves Longstanding Industry Interpretations of Mineral Interests
Where we started: Our client, a global petrochemical company, was the holder of an overriding royalty interest (ORRI) valued at hundreds of millions of dollars on an oil field on the outer continental shelf adjacent to Louisiana. After years of litigation, a federal district court held that the mineral instruments creating the ORRI did notMore
- Clarification of Florida’s Lis Pendens Statute
Ober v. Town of Lauderdale-by-the-Sea, 218 So.3d 952 (Fla. 4th DCA 2017). The firm was successful in overturning a trial court judgment that adversely impacted title to all property in Florida when a foreclosure sale is involved.
- Payment Enforcement under Real Estate Contracts
Rothschild Reserve Intern., Inc. v. Silver, 830 So. 2d 224 (Fla. 4th DCA 2002). Represented party enforcing payment under a real estate contract and established new law regarding waiver of the right of equity of redemption in settlement agreements.
- Recoverability of Attorney’s Fees
Mutual Concepts, Inc. v. First Nat. Bank of Omaha (495 Fed.Appx. 514) Court of appeals reversed district court judgment awarding attorney’s fees against bank client because attorney’s fees were not recoverable under Nebraska law.
- Bisby v. Garza (342 Fed.Appx. 969)
Court of Appeals affirmed motion to dismiss granted to client American Correctional Association on the basis that claims for civil rights violations could not be brought against a non-state actor.
- Borrell v. Vital Weight Control, Inc. (2009 WL 783342)
Court of Appeals confirmed the decision of the trial court that the plaintiff could not recover against the client under a quantum meruit cause of action.
- Consumer Portfolio Services, Inc. v. Obregon (2010 WL 4361765)
Court of Appeals affirmed decision that client financial services company did not breach settlement agreement.
- Defense of various national mortgage lenders and credit card issuers in class actions alleging that pre-screened mailers violate the Fair Credit Reporting Act
- Defense of various national mortgage servicers in actions for wrongful foreclosure and/or improper servicing practices
- Greene v. Deutsche Bank Nat. Trust Co. (2005 WL 1244604)
Court of Appeals affirmed summary judgment in favor of client bank on the basis that the plaintiff had previously obtained final judgment on the same issue raised in subsequent litigation.
- In re Bank of America, N.A. (2012 WL 4841625)
Court of Appeals granted mandamus relief and reversed a sanctions order entered against bank client because the district court judge had exceeded his power in issuing sanctions for failing to comply with a settlement agreement.
- In re Lumsden (291 S.W.3d 456)
Represented the client hospital in appeal affirming there was no service of plaintiff’s expert report as hospital in medical malpractice action until final judicial determination that expert report was adequate.
- In re Methodist Hosp. (2009 WL 1886667)
Represented the client hospital in a mandamus action challenging trial court’s ruling that expert witness could not testify at trial.
- In re Ortiz (2015 WL 1021314)
Court of Appeals denied mandamus relief sought by the Plaintiff based on the application of the law of the case doctrine.
- Methodist Hosp. v. Shepherd-Sherman (296 S.W.3d 193)
Represented the client hospital in a challenge that the Plaintiff’s physician’s expert report did not meet the requirements for an expert report under Texas statute.
- Mitchell v. Methodist Hosp. (2009 WL 5174186)
Court of Appeals affirmed the trial court’s decision that the Plaintiff’s expert report did not adequately support claim against client hospital for vicarious liability for patient’s death from infection at site of catheter in arm.
- Mutual Concepts, Inc. v. First Nat. Bank of Omaha (495 Fed.Appx. 514)
Court of appeals reversed district court judgment awarding attorney’s fees against bank client because attorney’s fees were not recoverable under Nebraska law.
- National City Bank of Indiana v. Ortiz (401 S.W.3d 867)
Court of Appeals reversed in part and rendered in part a judgment in favor of the plaintiff against bank clients because the trial court had granted summary judgment on the basis of a theory the plaintiff failed to plead.
- Poock v. Washington Mut. Bank, F.A. (2009 WL 2050905)
Represented the client bank in a challenge to a trial court’s ruling on venue under the mandatory venue statute relating to real property.
- Represented landowners in establishing that abandonment of a non-conforming use requires intent to abandon, and not merely the passage of time.
Represented landowners in establishing that abandonment of a non-conforming use requires intent to abandon, and not merely the passage of time. City of Lake Worth v. Cook, 1 Fla. L. Weekly Supp. 383 (Fla. 15th Cir.), aff’d, 626 So. 2d 1115 (Fla. 4th DCA 1993).
- Represented party enforcing payment under a real estate contract and established new law regarding waiver of the right of equity of redemption in settlement agreements.
Represented party enforcing payment under a real estate contract and established new law regarding waiver of the right of equity of redemption in settlement agreements. Rothschild Reserve Intern., Inc. v. Silver, 830 So. 2d 224 (Fla. 4th DCA 2002).
- Represented seller of real estate arising out a breach of contract that involved two appeals to the district court of appeal and the Florida Supreme Court, including making new law regarding payment of attorney’s fees.
Swift v. Wilcox, 924 So. 2d 885 (Fla. 4th DCA 2006).
- Represented seller of real estate regarding the applicability of arbitration provisions in real estate disputes.
Represented seller of real estate regarding the applicability of arbitration provisions in real estate disputes. Keyes Co. v. Spencer, 16 So. 3d 213 (Fla. 4th DCA 2009).
- Santander Consumer USA, Inc. v. Palisades Collection, LLC (447 S.W.3d 902)
Court of Appeals reversed in part and rendered in part a summary judgment against the client financial services company for breach of contract based on the application of the statute of limitations.
- Taylor v. Anderson (2014 WL 547032)
Court of Appeals affirmed motion to dismiss granted to client American Correctional Association on the basis that claims for civil rights violations could not be brought against a non-state actor.
