Upcoming Interesting Trials and Arbitrations
Mike Lynn, Trey Cox and Todd Harlow are scheduled to try a case involving a large out-of-state power company against a large interstate power company for congesting lines to prevent the production of electric power and competition.
Mike Lynn, Richard Smith and Jeremy Fielding have begun work on behalf of Southwest Airlines concerning antitrust allegations related to the Wright Amendment.
Cody Towns is scheduled to begin trial in early 2007 defending a national corporation against discrimination claims arising under the Americans with Disabilities Act.
Recent Trials and Arbitrations
Jeff Tillotson and John Volney represented a major health care provider in a large-scale arbitration against one of the nation’s top-tier hospitals. The health care provider disputed certain claims for payment made by the hospital. Ultimately, the amount of payments owed by our client was reduced by nearly $30 million.
Mike Lynn and Jason Dennis represented a hedge fund trustee in a preliminary injunction hearing against former officers and directors of the hedge fund. The purpose was to sever insurance payments that were being used improperly to defend against a lawsuit by the trustee. Insurance payments to hedge fund officers were enjoined, and the case settled according to terms that allowed the trustee to obtain control of millions of dollars in funds.
Eric Pinker and Richard Smith represented a regional hospital system in a multi-week accounting malpractice arbitration against its prior auditor, one of the large national accounting firms. At the conclusion of the arbitration hearing, the three-member panel entered a confidential award in which it unanimously held in favor of our client.
Mike Lynn, Cody Towns and Todd Harlow represented Navigant Consulting in a two-week federal court trial against two former managing directors. Navigant alleged breach of fiduciary duty and trade secret misappropriation. A $4.5 million judgment was entered in favor of Navigant.
Trey Cox and Jeremy Fielding, working on behalf of a large power company, successfully thwarted a preliminary injunction motion intended to prevent construction of a $280 million wind farm in west Texas.
Eric Pinker and Britta Stanton represented a large hospital services provider in a multi-week arbitration in Denver involving the purchase of a separate company by our client. The seller claimed he was entitled to more than $4.3 million in cash and stock under the earnout provision of the merger agreement. After a week-long hearing, the arbitrator held that the seller was not entitled to any additional payments, and entered judgment in favor of our client on all counts.
Eric Pinker and Britta Stanton represented a large hospital services provider in a weeklong arbitration in Birmingham involving the purchase of a business unit by our client. The seller claimed it was entitled to $4.1 million pursuant to the contingent purchase price provision of an asset purchase agreement. At the conclusion of the hearing, the arbitrator held that the seller was not entitled to any additional payments, assessed all costs against the plaintiff, and entered judgment in favor of our client on all counts.
Mike Lynn and Richard Smith represented a major Dallas-based national law firm in a dispute with a departing principal. A take-nothing judgment was rendered in the case in which millions of dollars were sought.
Eric Pinker and Cody Towns represented a local accounting firm in a $25 million audit malpractice case arising out of the failure of a broker dealer. The case was tried to the bankruptcy court for two weeks and is currently pending for decision before the court.
