Business Disputes

Whether your case involves a straightforward breach-of-contract case or a novel business tort, our attorneys have the skill, talent, and drive to deliver top-notch representation in the courtroom or arbitration. Some firms are content to churn paper during discovery, hoping never to step foot in court. That’s not us.

We prepare cases to go to trial. And we’re no strangers to the courtroom. Our attorneys have tried a broad range of commercial cases, including disputes about contracts, intellectual property, real estate, wrongful death, personal injury, oil and gas, and business torts, such as fraud and breach of fiduciary duty. We have won cases for our clients in state and federal courts across the country, both at trial and on appeal. Our clients often seek our advice before their business disputes develop into an actual legal case, and we frequently help them avoid litigation altogether. But sometimes litigation is the only viable option. And when that’s the situation, our lawyers know how to present your case powerfully to judges, juries, and arbitrators.

 

Representative cases

Wellness Wireless, Inc. v. Infopia America, LLC

Cause No. 4:12-cv-02856, In the United States District Court for the Southern District of Texas, Houston Division:

Joe Marrs and Zev Kusin defended a medical monitoring device company in a complex contractual dispute. After a jury trial, the Court rendered a take-nothing judgment in favor of JMEH’s client.


Burks v. XL Specialty Ins.

No. 14-14-00740, 2015 WL 5436884 (Tex. App. Houston [14th Dist] Sept. 15, 2015, no pet. h.):

Chris Johns, Joe Marrs, and Zev Kusin and Leah Lanier represented a former CFO in a successful appeal of a summary judgment denying coverage under a D&O insurance policy. The parties reached a confidential settlement following the appeal. Please find news coverage here.


J.P.V. v. RBC LLC and I.B. LLC,

No.13-01876, FINRA Dispute Resolution Arbitration (2015):

JMEH, with Joe Marrs as lead counsel, represented trust beneficiaries in claims against broker-dealers for negligence, gross negligence, Texas Securities Act violations and aiding and abetting breach of fiduciary duty. The claims against one respondent resolved confidentially. The claims against the other respondent proceeded to arbitration. On April 27, the Panel returned an award of $1,209,632 in favor of JMEH’s clients, including $483,853 in attorneys’ fees. The award was vacated, and is now on appeal.


D.L.B., et al. v. T. Corp., et al.,

Case No. 30-2012-00578962-CU-NP-CJC, in the Superior Court of Orange County, California (2014):

The firm, with Joe Marrs as lead counsel, represented minority shareholders in claims against the president and majority shareholder of a closely held corporation. After two years’ of litigation in California and Colorado state courts, JMEH’s clients recovered $1.2 million in cash and real estate ($800,000 net of attorneys’ fees).


F.L.M., Individually, and d/b/a the Law Office of F.L.M. v. Z.A.I. Co.,

Nos. 2014-08604; 2013-04704, in the 281st Judicial District Court of Harris County, Texas (2014):

The firm, with Joe Marrs as lead counsel, represented a fortune 500 corporate defendant in two lawsuits to recover benefits allegedly assigned to plaintiff, an attorney, by his former client. The case was first dismissed on summary judgment, resulting in a take-nothing judgment in favor of JMEH’s client. The second suit was voluntarily dismissed by the plaintiff following the assertion of a res judicata defense.


Estate of S.M.P., Deceased,

No. C-1-PB-13-001037, in the Probate Court No. 1 of Travis County, Texas (2014):

JMEH represented a fortune 500 company in claims to recover assets and protect its interests in a significant estate dispute. The case resolved on confidential terms.


Display Graphics, Inc. v. G.I., LLC, G.I., Ltd., H.G., and J.G.,

Cause No. 2008-63296 in the 11th Judicial District Court of Harris County, Texas July (2013):

JMEH represented the former directors of a large manufacturer of industrial printers defending against claims of fraud, violations of the Deceptive Trade Practices Act, and promissory estoppel. In the course of the lawsuit, JMEH’s attorneys learned that the plaintiff had failed to disclose its claims in a past bankruptcy proceeding. JMEH’s client obtained a take-nothing final judgment on all claims. (Marrs, Kusin)

_________ v. _________ [details confidential by agreement] (2012):

JMEH represented a business owner making DTPA and Insurance Code claims against an insurance carrier and agency for misrepresenting property coverage. All claims were settled before trial for $500,000, netting the client $300,000 (Marrs, Johns, Kusin).


Singh v. Newman,

No. 1:2009-CV-00523 (W.D. Tex. 2011):

Representing a real-estate developer sued by investors for over $3 million in damages for securities fraud and other claims, Ryan Downton and Chris Johns successfully tried the case to a jury, which rendered a complete defense verdict.


Anglo-Dutch Petroleum International, Inc. v. Greenberg Peden, P.C.,

352 S.W.3d 445 (Tex. 2011):

Chris Johns submitted amicus briefing and participated in oral argument at the Texas Supreme Court, which reversed and rendered judgment in favor of a client in a fee dispute with its lawyer.


United States ex rel. Gonzalez v. Fresenius Medical Care of North America,

No. 10-50413, In the U.S. Court of Appeals for the Fifth Circuit (reviewing 748 F.Supp.2d 95 (W.D. Tex. 2010) and 761 F.Supp.2d 442 (W.D. Tex. 2010)):

Chris Johns and Ryan Downton represented a nephrologist and his medical clinic against a disgruntled employee’s claims of Medicare fraud claiming multi-million-dollar damages. The jury and judge awarded a take-nothing verdict and judgment for our clients. Mr. Johns argued the case to the Fifth Circuit, which affirmed the judgment.


 S&D Trading Academy, LLC v. AAFIS Inc., 2008

WL 2325167 (S.D. Tex. June 3, 2008), aff’d, 336 Fed.Appx. 443 (5th Cir July 1, 2009):

Chris Johns coauthored the successful motion for summary judgment, convincing the district court to apply the Texas Securities Act to bar the plaintiffs’ claims.

_________ v. _________ [details confidential by agreement] (2008):

Chris Johns authored a detailed complaint against a Fortune Global 10 company, alleging trade-secret misappropriation and other claims, prompting the defendant to agree to a high-eight-figure settlement.


Tuley v. Azle Group, Inc.,

Cause No. D-1-GN-07-000143, In the 353rd District Court, Travis County, Texas (2008):

Luke Ellis discovered key facts about a chemical spill, and Chris Johns wrote and argued BASF’s prevailing motion for summary judgment.


Southwest Intelecom Inc. v. Compass Bank,

253 Fed. Appx. 372 (5th Cir. 2007):

Chris Johns wrote the prevailing brief for Compass Bank, with the Fifth Circuit affirming dismissal of UCC and common-law claims.


Allen v. Russian Federation,

522 F.Supp.2d 167 (D.D.C. 2007):

Chris Johns coauthored the successful motion to dismiss in a highly publicized investor suit.


Sereboff v. Mid Atlantic Medical Services, Inc.,

547 U.S. 356 (2006):

Chris Johns coauthored the winning merits brief and sat second chair for this statutory-construction case at the U.S. Supreme Court, which held 9-0 for his client.


Rationis Enterprises Inc. of Panama v. Hyundai Mipo Dockyard Co.,

426 F.3d 580 (2d Cir. 2005):

Chris Johns briefed and argued an admiralty appeal to the Second Circuit, which reversed a liability determination and rendered a take-nothing judgment on claims exceeding $100 million.


Manor v. Grady,

No. C-1-PB-07-016035, In Probate Court No. 1 of Travis County, Texas:

On a pro bono basis, Joe Marrs represented the heirs of a deceased victim of a reverse mortgage scam. The heirs sued to set aside a wrongful lien of $70,000 plus attorneys’ fees on their deceased father’s homestead. Mr. Marrs’s clients first obtained summary judgment setting aside the lien on Texas Constitutional grounds and then obtained judgment against the defendants for $50,000, including attorneys’ fees, costs of administration, and punitive damages.


Rowe Entertainment, Inc. v. William Morris Agency, Inc.,

167 Fed. Appx. 227 (2d Cir. 2005):

Chris Johns coauthored the winning brief in an appeal where the Second Circuit affirmed the dismissal of civil-rights and antitrust claims against major booking agencies.