TRO Dissolved and Temporary Injunction Denied in Dispute Between Healthcare Providers, 9/20/11
In a lawsuit filed in Texas State District Court against one of its healthcare corporate clients, Kelly J. Curnutt and Daniel B. Mathis obtained a favorable court order dissolving a TRO against the firm’s client, and denying the plaintiff’s attempt to obtain a temporary injunction against the firm’s client. The plaintiff asserted five different causes of action to support the requested injunction, and the court found against the plaintiff and in favor of the firm’s client on all counts.
Summary Judgment Obtained for Oilfield Services Client in Tarrant County, 9/01/11
Kelly J. Curnutt and Logan W. Simmons obtained summary judgment for their oilfield services client in a case involving an alleged fall by an employee in a reserve pit. The employee and his family members brought suit against the oilfield services client, alleging theories of negligence, gross negligence, and intentional infliction of bodily harm. Mr. Curnutt and Mr. Simmons successfully obtained dismissal of these claims, arguing that such claims were barred by the exclusive remedy provision of the Texas Workers’ Compensation Act.
Settlement Obtained for Client in Motor Vehicle Accident, 8/01/11
Douglas R. Hafer and Daniel B. Mathis represented a client who sought damages for severe injuries he sustained when his vehicle was rear-ended in rush-hour traffic on busy highway 635 in Dallas, Texas. The client sustained two broken wrists and a broken leg. The matter settled before trial on terms favorable to the client.
Mid-Six Figure Judgment for Estate in Breach of Fiduciary Duty Litigation, 2/15/11
Kelly J. Curnutt and Logan W. Simmons obtained a judgment for an estate in a breach of fiduciary duty action. Mr. Curnutt and Mr. Simmons successfully proved that one of the heirs stole from the decedent prior to the decedent’s death.
Settlement Obtained in Adverse Possession Suit, 1/12/11
Douglas R. Hafer and Logan W. Simmons represented a client in an adverse possession suit involving the client’s ownership claim to a 53.843 acre tract of land in Denton County. After successfully defending the opposing parties’ motions for summary judgment, Mr. Hafer and Mr. Simmons successfully negotiated a mutually agreeable confidential settlement.
Unanimous Jury Verdict Obtained in Missouri Federal Court, 1/01/11
Kelly J. Curnutt and Daniel B. Mathis represented a plaintiff who sought damages for injuries he sustained in a tractor-trailer wreck that occurred in Missouri. The case was tried to a jury in Missouri Federal District Court against two defendants in December 2010. After deliberating for four hours, the jury returned a unanimous verdict in favor of the plaintiff.
Settlement Obtained for Oil and Gas Client in Multimillion-Dollar Royalty Dispute, 9/16/10
Kelly J. Curnutt represented a Fortune 500 oil and gas client in a case involving unpaid royalties due to the client on an overriding royalty interest. The facts indicated that the client had not received royalties for approximately five years of production. Mr. Curnutt successfully argued the client's right to receive the unpaid royalties from the working interest owners, which allowed the parties to enter into a mutually agreeable settlement. Mr. Curnutt was assisted in this matter by Daniel B. Mathis.
Summary Judgment Obtained for Oil and Gas Client in Johnson County, 8/25/10
Kelly J. Curnutt and Logan W. Simmons obtained summary judgment in favor of their oil and gas client in a suit brought in Johnson County. The surface owner sought over $1,000,000.00 in damages, alleging claims of trespass to real property and trespass to try title. Mr. Curnutt and Mr. Simmons were able to obtain dismissal of these claims, proving that such claims were barred by the statute of limitations.
Partial Summary Judgment Obtained for Oil and Gas Client in Wise County, 7/07/10
On July 7, 2010, Kelly J. Curnutt and Daniel B. Mathis obtained summary judgment in favor of their client, a leading oil and gas operator. Curnutt and Mathis successfully obtained dismissal of five of the six claims brought by a surface owner against their client. The dismissed claims, which allegedly related to the locations of several gas wells, were based on theories of negligence, breach of contract, fraud, and the accommodation doctrine.
Take-Nothing Jury Verdict Obtained in $3 Million Business Dispute, 6/09/10
On June 9, 2010, Kelly J. Curnutt obtained a take-nothing jury verdict in McLennan County District Court in favor of his client in a $3 million, multi-party business dispute.
Reversal Obtained for Client in Eighth Circuit Court of Appeals, 1/01/10
Kelly J. Curnutt and Daniel B. Mathis obtained a favorable decision in the Eighth Circuit Court of Appeals while representing a plaintiff injured in a multi-unit tractor-trailer wreck in Missouri. The Court found the evidence supported a finding that the defendant corporation controlled the performance of its employee for purposes of respondeat superior. The Court remanded the case to the district court for further proceedings. The trial is now pending.
Settlement of Multimillion-Dollar Construction Defect Case, 11/01/09
Douglas R. Hafer obtained a favorable result for a commercial client in a construction defect case. The client's commercial building suffered significant damages as a result of foundation movement and other construction and design problems. Mr. Hafer brought construction and design defect claims on behalf of the client, and was able to successfully negotiate a seven-figure settlement in the client's favor.
Settlement of Multimillion-Dollar Professional Negligence Case, 11/01/09
Kelly J. Curnutt represented a Fortune 500 oil and gas company in a case involving a significant surveying error. Mr. Curnutt successfully argued the surveyor's error and resulting liability, which allowed him to negotiate a six-figure settlement in favor of the client early in the case.
Settlement in Employment Contract Dispute, 9/01/09
Douglas R. Hafer and Daniel B. Mathis represented a client in an employment contract dispute involving the client's claims for unpaid salary and other benefits. Mr. Hafer successfully negotiated a mutually agreeable confidential settlement.
Multimillion-Dollar Asset Sale, 9/01/09
Kelly J. Curnutt successfully negotiated the sale of a corporate client's assets, including confidential cash and equity consideration.
Kelly J. Curnutt Retained in Royalty Dispute, 7/01/09
Kelly J. Curnutt has been retained to represent a Fortune 500 oil and gas producer in a large royalty dispute.
Daniel B. Mathis Obtains Summary Judgment in Partition Action, 6/01/09
Daniel B. Mathis obtained summary judgment in favor of pro bono clients in a complicated partition action. The judgment avoided a total loss of the clients' property due to foreclosure by the taxing authorities by ordering the property sold, the proceeds used to pay the past-due property taxes, and the remaining proceeds distributed amongst the owners according to their pro rata shares, including the Firm's pro bono clients.
Settlement in Tractor-Trailer Trucking Accident, 4/01/09
Douglas R. Hafer and Daniel B. Mathis represented a client who sought damages for the injuries she sustained when her vehicle collided with a tractor-trailer truck. The matter settled before trial on terms that are confidential.
Kelly J. Curnutt and Daniel B. Mathis Retained in Insurance Dispute, 1/01/09
Kelly J. Curnutt and Daniel B. Mathis have been retained to represent a client in an insurance dispute involving a commercial general liability policy. The insurer, which has been defending the client in a separate liability suit, filed a declaratory judgment action in federal court asserting it has no duty to defend or indemnify the insured.
