Economic Damages / Lost Profits

Litigation Engagements

• On behalf of plaintiffs – four physicians who were minority members of a limited liability company that held the contract to perform anesthesia services at a suburban surgical hospital – who sued the limited liability company, its majority members, and several of their related entities for oppression, breach of contract, breach of fiduciary duties, waste of business assets, gross negligence, and fraud related to the way in which the majority members operated and managed the limited liability company entity and its affiliates – in state district court in Texas.

• On behalf of defendants – a businessman, his wife, and several of their business entities – who were sued by a former business colleague, her ex-husband, and the corporate entity she alleged she partly owned, a manufacturer of children's clothing, for fraud, breach of contract, and breach of fiduciary duties related to the terms of their restructuring of the original limited partnership entity that had failed to enable them to accept a big order and, hopefully, continuing business from a large international retail chain – in state district court in Texas.

• On behalf of defendant – the owner of a Houston, Texas office building – that was sued by a former tenant, a data center, for breach of contract, fraud, and fraudulent inducement that allegedly caused the former tenant to suffer lost profits and loss of business value due to the building owner's refusal to renew its lease because of repeated late payment and non-payment of the former tenant's rent obligations – in state district court in Texas.

• On behalf of defendant – a buyer and seller of scrap metals – that was sued by a customer, also a buyer and seller of scrap metals, for allegedly failing to deliver large quantities of product for which it had paid – in state district court in Texas.

• On behalf of defendant – a privately-owned oilfield services company providing directional drilling services in the shale zones throughout the U.S. – that was sued by a large publicly-owned oilfield services conglomerate for purported lost profits, unjust enrichment, and other consequential damages for its alleged taking of trade secrets and other confidential information when it hired about 30 of the conglomerate’s employees at or about the time it was beginning to do business in the Permian Basin region of Texas and New Mexico – in state district court in Texas.

• On behalf of plaintiff – a local banking institution – that sued an international banking institution with which it had partnered in making a mortgage loan to a real estate developer who was constructing a retail strip shopping center and who defaulted over division of the sale proceeds obtained after a foreclosure and resale of the property – arbitration conducted in Texas.

• On behalf of defendant – a privately-owned chain of 70 healthy prepared-meal retail stores - that was sued for purported lost profits resulting from the alleged breach of its contract with a publicly-owned supplier of floor mats, paper goods, linens, chemicals, and kitchen supplies – in state district court in Texas.

• On behalf of defendants – the owners of an auction house – who were sued by a disgruntled former partner for alleged minority partner oppression and alleged misallocation of partnership capital contributions, income/loss, and withdrawals – in state district court in Texas.

• On behalf of defendants – a condominium project homeowners’ association and two of its board members – who were sued by a group of out-of-state investors who had purchased about one-third of the project’s 240 units with the intention of leasing to low-income tenants for alleged negligence, breach of fiduciary duty, and breach of contract resulting in alleged lost profits and decline in market value because defendants were unable to prevent the flight of tenants from the troubled project that was located in an extremely high crime area or prevent the continued vandalism of the investors’ units or prevent the local authorities from eventually demolishing the project – in state district court in Texas.

• On behalf of defendant/counter-plaintiff – a commercial vehicle rental company that was sued by a commercial vehicle rental company customer for lost profits and lost enterprise value because it allegedly misappropriated trade secrets and confidential information, competed unfairly as a result of such misappropriation, tortiously interfered with continuing business relationships, and made fraudulent misrepresentations as the result of its recovering 44 vehicles from the customer under a writ of sequestration due to the non-payment of rents. I also assessed defendant/counter-plaintiff’s damages due to the plaintiff/counter-defendant’s failure to pay rents – two lawsuits in state district courts in Texas.

• On behalf of plaintiff – a law firm that sued its professional liability insurance carriers for alleged breach of various insurance contracts due to their refusing to pay all eligible defense costs as well as reimburse the damages awarded (up to policy limits) relating to two lawsuits filed against the law firm by 3,000+ members of a class of former breast implant litigation clients for allegedly improperly charging them an extra 1.5% of their settlements to cover general litigation expenses not directly allocable to individual litigants – in federal district court in Texas.

• On behalf of defendant – an importer of food products from Latin America that are sold in grocery stores – that was sued by a vendor that provides brokerage and merchandising services for alleged lost commission income and lost profits resulting from a dispute over the territories involved and other contract terms – in state district court in Texas.

• On behalf of defendant – an insurance company – that was sued by a policyholder/owner of a Super 8 Motel that was damaged by Hurricane Ike for the alleged improper handling of the business income coverage aspects of its insurance claims that caused it to not receive insurance proceeds it alleged it was owed – in federal district court in Texas.

• On behalf of defendants – a real estate brokerage firm and an associate realtor – who were sued by the owner of a residential lot for alleged lost profits associated with its potential development after they were scammed into listing the lot for sale and selling it with the scammer absconding with the proceeds. Although title to the lot was eventually restored to its owner, it alleged the cloud to the title that lasted for approximately two years caused an impediment to its plans to build a residence on the lot – in state district court in Texas.

• On behalf of defendant/counter-plaintiff – a seller of extended warranties using a call center – that was sued by a national lessor of telephone and computer equipment for non-payment of rents and who counterclaimed that the leased equipment was faulty causing it to be unable to expand its call center as was promised or to perform other promised tasks such as the tracking and recording of calls, thus resulting in alleged lost profits – in state district court in Texas.

• On behalf of plaintiff – the Texas branch of an international insurance brokerage conglomerate – that sued a former employee/agent for breach of the covenant not to compete provision of his employment agreement when he terminated his employment and established a competing insurance brokerage agency – in federal district court in Texas.

• On behalf of defendant – a title insurance company – that was sued by the owners of an oil refinery and asphalt plant that they desired to sell for allegedly vouching for an unqualified buyer with whom they had contracted thus allegedly causing them to rebuff a more qualified buyer and to eventually accept a lower sales price from another buyer at a time when market conditions had worsened – in state district court in Texas.

• On behalf of defendant – a multinational public conglomerate in the engineering and construction business – which was sued by several national labor unions on behalf of 120 of their members for discrimination in the hiring process because they were alleged to be union salts. I was retained to assess allegations of economic damages resulting from their being denied employment – before the National Labor Relations Board in Arizona.

• On behalf of defendants – an insurance agent and her employer-agency – who were sued by a former client in the retail furniture business for professional malpractice and alleged lost business value resulting from the alleged improper handling of insurance claims emanating from the physical damage to its facilities caused by Hurricane Rita – in state district court in Texas.

• On behalf of defendant – a property and casualty insurance carrier – which was sued by a policyholder for alleged lost profits damages in connection with its alleged improper handling of an insurance claim emanating from the physical damage to a shrimping trawler vessel caused by a fire – in state district court in Texas.

• On behalf of defendant – a large public healthcare insurance carrier – that was sued by a customer, a public company professional employer organization, for alleged economic damages associated with improper rate increases, including a mismatch in healthcare expenses, increased borrowing costs, loss of value due to the decline in market price of its stock, and supposed permanent impairment of its goodwill and lost profits due to delays in its opening of new offices – in federal district court in Texas.

• On behalf of defendant – a multinational public conglomerate in the chemicals business – that was sued for breach of a settlement agreement by a materials fabricator that claimed lost profits damages in connection with the failure to take goods the defendant was allegedly required to purchase under the agreement — arbitration conducted in Texas.

• On behalf of plaintiff – the inventor of a patented air-braking system for large trucks – who sued a public company in the waste disposal business for alleged lost profits damages claiming wrongful interference with contract negotiations for license of the plaintiff’s technology by the automotive business group of another public company — in state district court in Texas.

• On behalf of defendant – the national oil company of Ecuador – that was sued for alleged lost profits damages by a freight forwarder who claimed breach of contract to ship ocean moving cargoes related to the oilfield industry between the United States and Ecuadorian ports of call – in federal district court in Texas.

• On behalf of defendant – a public company in the entertainment business – that was sued for alleged economic damages by the investor-owners of a major amusement park that it operated on their behalf who claimed breach of fiduciary duty due to its failure to timely install a steel rollercoaster known as Batman-the-Ride in the park – in state superior court in Georgia.

• On behalf of plaintiff – a public company in the computer hardware business – that sued a public company manufacturer of motherboards for the refund of an alleged overpayment based on a claim of misaccounting for their contractual transactions — in state district court in Texas.

• On behalf of defendants – two large public healthcare insurance carriers – that were sued by a company that owned dental clinics for alleged lost profits and economic damages resulting from the carriers’ withholding claims payments due to questions about the services the clinics were providing to their insureds — in federal district court in Texas.

• On behalf of defendant – an engineering consulting firm with 2,000 professionals in 40 locations nationwide – that was sued by a company formed to redevelop an old hotel into a mixed use retail and residential property for alleged economic damages related to unforeseen construction cost overruns — in state district court in Texas.

• On behalf of defendant – a Texas county tax assessor-collector – who was sued by a company in the creosoting business for alleged lost profits and economic damages related to the execution of a levy against the company’s assets to satisfy a judgment for unpaid property taxes — in federal district court in Texas.

• On behalf of defendant – an ice cream store franchisor with over 550 stores in 35 states, Canada, Puerto Rico, and the UAE – that was sued by a disgruntled franchisee for loss of its investment in four franchised locations and alleged lost profits resulting from their operation based on alleged misrepresentations about their potential profitability – in state district court in Texas.

• On behalf of plaintiff – a home security/alarm monitoring business – that sued its insurance agency for professional malpractice and its insurance carrier for breach of contract claiming alleged lost profits damages resulting from the loss of residential alarm monitoring accounts in master planned communities – in state district court in Texas.

• On behalf of defendants — a lawyer and his law firm – who were sued by a former client for professional malpractice and alleged economic damages resulting from advice given regarding oil and gas exploration investment and contractual matters — in state district court in Texas.

• On behalf of defendant – a company in the industrial plant maintenance business – that was sued by a multinational public conglomerate in the energy business for alleged lost profits and economic damages related to an explosion and fire at one of its chemical plants in Texas — in state district court in Texas.

• On behalf of defendant – a subsidiary of a public company in the industrial valve manufacturing business – that was sued by a manufacturer’s representative for alleged lost profits and economic damages caused by the failure to renew his representative agreement — in state district court in Texas.

• On behalf of defendant – a public company in the computer hardware business – that was sued by a large public life insurance company for alleged lost profits and economic damages related to the supposed failed installation of a computer system meant to manage its claims – in state district court in Texas.

• On behalf of defendants – owners of a beauty salon – who were sued by a fellow owner for minority shareholder oppression and alleged lost profits damages resulting from her departure from the salon — in state district court in Texas.

• On behalf of defendants – an insurance agent and his employer-agency – who were sued by a former client for professional malpractice and alleged lost profits damages resulting from it being underinsured when a fire damaged its business of refurbishing and reselling used retail gasoline pumps - in state district court in Texas.

• On behalf of plaintiff – a physician – who sued the purchaser of his residence for alleged economic damages related to failure to pay a promissory note, property taxes, and other related costs — in state district court in Texas.

• On behalf of plaintiff – an asbestos removal business – that sued an engineering firm for alleged lost profits damages related to its work on the plans for removal of asbestos from an office building being converted into the headquarters of the Houston Police Department — in state district court in Texas.

• On behalf of plaintiff – a printing business – that sued the manufacturer of a ten-color belt printer it had acquired for alleged lost profits damages due to the failure of the printer to perform as specified in the purchase contract — in state district court in Texas.

• On behalf of defendant – a commercial construction company – that was sued by a restaurant customer that claimed it would incur lost profits damages if it had to shut down for the period of time it would take to repair certain alleged defects related to the restaurant’s initial construction — in state district court in Texas.

• On behalf of defendant – a dental equipment distributor – that was sued by a DNA testing laboratory for alleged lost profits damages after its premises was flooded due to a plumbing problem in a dentist’s office located on a higher floor in its office building — in state district court in Texas.

• On behalf of defendant – a flooring products distributor – that was sued by a disgruntled customer for alleged lost profits and economic damages related to the installation of a supposedly defective hardwood floor in its place of business — in state district court in Texas.


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