Reynolds Frizzell LLP successfully obtained the dismissal of a lawsuit involving a partnership dispute against its client, a resident of Puerto Rico. The two Plaintiffs, Raiden Commodities, [...]
Reynolds Frizzell LLP recently launched a refreshed website, complete with a new design, updated attorney bios, and highlights some of the great results the Firm has achieved [...]
Reynolds Frizzell LLP has made the Fifth Annual Benchmark Litigation Shortlist – an honor awarded to a small, prestigious group of litigation firms across the country. Benchmark [...]
Benchmark Litigation has named Reynolds Frizzell one of the Top 10 Litigation Boutiques in the U.S. for 2017. The selection process includes six months of intensive peer, [...]
Cory Liu has joined Reynolds Frizzell as an Associate focusing on business disputes and oil and gas matters. Cory recently completed a clerkship for Judge Danny Boggs of [...]
By Stan Parker Law360, New York (June 23, 2016, 9:01 PM ET) -- Texas must provide inmates at a geriatric and medical prison with drinking water that [...]
By Michelle Casady Law360, Houston (August 10, 2016, 1:49 PM ET) -- A Texas appellate court on Tuesday sided with a group of attorneys who are being [...]
Law360, Los Angeles (September 18, 2015, 10:12 PM ET) -- General Dynamics Land Systems Inc. urged a Texas federal judge on Thursday to consolidate twin fraud suits [...]
Reynolds Frizzell LLP successfully obtained the dismissal of a lawsuit involving a partnership dispute against its client, a resident of Puerto Rico. The two Plaintiffs, Raiden Commodities, LP, and Aspire Commodities, LP, had asserted claims for conversion and misappropriation of trade secrets. The Plaintiffs also sought a declaratory judgment regarding the relationship between them and the defendant. Attorneys Chris Reynolds and Cory Liu filed a special appearance in the case, Raiden Commodities, LP vs. Patrick de Man, before Judge Kyle Carter of the 125th District Court in Harris County. At the conclusion of oral argument on February 17, 2017, Judge Carter granted their client’s special appearance and dismissed all claims against him for lack of personal jurisdiction.
Reynolds Frizzell LLP recently launched a refreshed website, complete with a new design, updated attorney bios, and highlights some of the great results the Firm has achieved for clients. Offering a deeper look at the Firm's values, the new website opens the door to the unique minds behind Reynolds Frizzell, with insight into how they address complex cases while holding integrity as the highest of priorities. The website launched February 15, 2017.
Reynolds Frizzell LLP has made the Fifth Annual Benchmark Litigation Shortlist – an honor awarded to a small, prestigious group of litigation firms across the country. Benchmark exclusively covers the litigation and disputes market in North America and is the definitive guide to litigation firms in the United States, Canada, and Mexico. Honorees for the annual Shortlist are chosen by careful research conducted in March and November of the previous year. Reynolds Frizzell was also recently recognized by Benchmark as one of the Top Ten Litigation Boutiques in the U.S. The awards ceremony will be held on Thursday, February 16, 2017 at the Essex House in New York City.
Benchmark Litigation has named Reynolds Frizzell one of the Top 10 Litigation Boutiques in the U.S. for 2017. The selection process includes six months of intensive peer, client, and case review. "The firm is honored by the award," says Partner Chris Reynolds. "We owe a great deal of recognition to our clients for entrusting us with their most challenging cases. We wouldn't be here without them." Click here to read more about this honor.
Cory Liu has joined Reynolds Frizzell as an Associate focusing on business disputes and oil and gas matters. Cory recently completed a clerkship for Judge Danny Boggs of the U.S. Court of Appeals for the Sixth Circuit. As a cum laude graduate of Harvard Law School, Cory brings invaluable experience from his judicial clerkships to the Reynold Frizzell team and is committed to achieving victory in the most difficult circumstances on behalf of the Firm’s clients. "Reynolds Frizzell is dedicated to recruiting the most talented, credentialed attorneys," says Partner Jeremy Doyle. "Cory Liu is no exception. His educational background and passion for the pursuit of justice are remarkable qualities that will make him an asset to our team."
By Stan Parker Law360, New York (June 23, 2016, 9:01 PM ET) -- Texas must provide inmates at a geriatric and medical prison with drinking water that meets federal arsenic safety standards, a federal judge has ruled, granting a preliminary injunction to a certified class of prisoners suing the state over sweltering indoor temperatures they say violate their constitutional rights. U.S. District Judge Keith Ellison issued the order Tuesday forcing the Texas Department of Criminal Justice to bear the burden of trucking in water that meets the U.S. Environmental Protection Agency’s standards for permissible arsenic levels. “The increased risk... View Full Article on Law360
By Michelle Casady Law360, Houston (August 10, 2016, 1:49 PM ET) -- A Texas appellate court on Tuesday sided with a group of attorneys who are being sued by former clients for malpractice, and determined that the malpractice claims aren't ripe because the underlying federal personal injury case stemming from a fatal incident on an offshore drilling rig in Mexican waters hasn't been settled. Arnold & Itkin LLP, Beck Redden LLP and the Albritton Law Firm had argued that their former clients, including Maria Santos Lopez Dominguez, were alleging malpractice for the lawyers’ handling of their personal injury... View Full Article on Law360
Law360, Los Angeles (September 18, 2015, 10:12 PM ET) -- General Dynamics Land Systems Inc. urged a Texas federal judge on Thursday to consolidate twin fraud suits brought by a bankrupt metal fabrication shop accusing the defense contractor of not paying for $3.7 million worth of parts, saying the other suit could endanger its pending bid to compel arbitration. GDLS said it filed the emergency motion because it is concerned that Elite Precision Fabricators Inc. will argue in a parallel adversary proceeding in Texas bankruptcy court that GDLS has lost its rights to compel arbitration “simply by the virtue of the passage of time” and told U.S. District Judge Sim Lake that Elite was attempting to begin discovery, flouting the parties’ arbitration agreement. “As a result of Elite’s attempts to force discovery, GDLS has been placed in the position of being compelled to choose between standing on its rights to arbitration and consolidation of these two identical lawsuits in one forum or participating in the second-filed lawsuit without objection, and facing Elite’s arguments that it has waived its rights,” the company wrote in a four-page motion. But Elite shot back on Friday, saying GDLS’ actions “reek of forum shopping in a desperate attempt to avoid the bankruptcy court determining its motions to dismiss and abate in lieu of arbitration.” The filings are the latest in a case first brought in July 2014 accusing GDLS of fraud and breach of contract in connection with a work stoppage agreement that the Montgomery, Texas-based company says cost it $3.7 million and forced it into bankruptcy. Elite Precision Fabricators Inc. has been trying to keep the case out of arbitration, blasting the validity of an arbitration agreement between the companies by arguing its existence was not obvious in GDLS’s first purchase order in June 2011. GDLS argued earlier this month that the contract to build armored personnel carriers for the Israeli military contained an “explicit” arbitration agreement included in terms and conditions on its website to which sellers are directed. “Elite, a commercial party, agreed to be bound by the purchase terms and conditions by transacting with GDLS,” it said in a Sept. 11 filing. “The purchase terms and conditions, referred to herein along with the purchase orders as the ‘APC contract,’ have not varied substantially since June 2011 and at all times have contained an arbitration clause.” GDLS blasted Elite’s contention that the lawsuit is secondary to the adversary proceeding, as the suit was filed first, and that General Dynamics has sought to delay the litigation, arguing instead that it has sought speedy proceedings. On top of the dismissal bid, GDLS has sought to combine the two cases in Article III proceedings. “The adversary proceeding and this lawsuit are not, as Elite represents, two entirely distinct pieces of litigation. As GDLS noted in the consolidation motion, these two lawsuits: (a) are based upon nearly identical facts; (b) will involve common discovery issues and legal issues … and (c) seek recovery of the same damages,” GDLS said. In its initial complaint, Elite alleged its costs for manufacturing the parts it was obligated to contribute to the armored vehicles quickly exceeded its expectations. After realizing that it could not continue with the project, claiming financial burden resulting from borrowing millions to finance the project, Elite negotiated a work stoppage agreement with General Dynamics in 2012 to end its involvement with the project, according to court documents. The agreement provided for payment of all finished product, work in progress and third-party purchases of materials, Elite claimed in its suit, product for which it said it was never paid. GDLS, a Michigan-based division of General Dynamics Corp., is represented by Jean C. Frizzell and Solace Kirkland Southwick of Reynolds Frizzell LLP and Catherine L. Steege of Jenner & Block LLP. Elite is represented by Robert R. Burford and Matt E. Parks of Burford Perry LLP. The case is Elite Precision Fabricators Inc. v. General Dynamics Land Systems Inc., case number 4:14-cv-02086, in U.S. District Court for the Southern District of Texas. --Additional reporting by Bryan Koenig, Aebra Coe and Tom Zanki. Editing by Aaron Pelc.
Law360, Washington (September 11, 2015, 6:18 PM ET) -- General Dynamics Land Systems Inc. continued to fight Friday in Texas federal court to toss a bankrupt metal fabrication shop’s $3.7 million fraud suit, arguing the former Israeli tank project subcontractor is trying to “rewrite” the case’s procedural history. Elite Precision Fabricators Inc. has been trying to keep the case out of arbitration, blasting the validity of an arbitration agreement between the companies by arguing its existence was not obvious in GDLS’s first purchase order in June 2011. GDLS countered Friday that the contract to build Armored Personnel Carriers for the Israeli military contained an “explicit” arbitration agreement included in terms and conditions on its website to which sellers are directed. “Elite, a commercial party, agreed to be bound by the purchase terms and conditions by transacting with GDLS. The purchase terms and conditions, referred to herein along with the purchase orders as the ‘APC contract’ have not varied substantially since June 2011 and at all times have contained an arbitration clause,” GDLS said. View Full Article On Law360
Law360, Washington (September 3, 2015, 12:38 PM ET) -- A bankrupt metal fabrication shop resisted General Dynamics Land Systems Inc.'s dismissal bid in Texas federal court Wednesday, arguing that it's questionable that a valid arbitration agreement exists to resolve its $3.7 million fraud suit alleging the General Dynamics division breached the pair’s contract to build Israeli military tanks. The arbitration agreement was not obvious in GDLS's purchase orders, and GDLS has yet to show proof that there was an arbitration clause in place in the first purchase order Elite Precision Fabricators Inc. said it received in June 2011, according to the response brief. Nor should GDLS be able to force arbitration and skirt litigation for taking $3.7 million worth of parts off of Elite's hands when the two agreed to a work stoppage on the armored personnel carrier project and then refuse to pay for those goods, according to Elite, an action it cites as directly responsible for driving it into Chapter 11 bankruptcy in March 2014. View Full Article On Law360
Law360, Dallas (September 2, 2015, 7:51 PM ET) -- A former client sued a Houston attorney in state court Wednesday, claiming the lawyer stole its money and faked a real estate transaction to pocket a purported loan, and that when confronted, promised restitution that hasn’t come. In a Harris County District Court suit, Texicali Ltd., a family partnership, accuses James C. Mulder of Mulder Law Group PC of fraud, theft, misapplication of fiduciary property and forgery, by bilking them out of $300,000 the family intended to invest in legitimate ventures. The partnership says Mulder admitted he had taken money from a client trust account when his law firm suffered financial setbacks, but that the attorney hasn’t lived up to his promises he would return the money and that he concealed the faked real estate deal. “Mulder’s crimes are now catching up to him,” Texicali said in the suit. “He has been caught red-handed ... but Mulder apparently still hopes (against hope) that he will get away with it.” Mulder did not immediately respond to request for comment on the suit Wednesday. View Full Article On Law360
Law360, Dallas (August 25, 2015, 8:26 PM ET) -- A Texas appellate court on Tuesday ordered a PepsiCo Inc. subsidiary to arbitration in its attempts to disrupt a $308 million asbestos settlement between Cooper Industries LLC and Pneumo Abex LLC. The Fourteenth Court of Appeals in Houston held Cooper had the right to arbitrate the dispute under provision in two underlying contracts and said Cooper hadn’t waived that right even though it waited about two-and-a-half years after the underlying suit was filed to move to compel arbitration. Pepsi subsidiaries Pepsi-Cola Metropolitan Bottling Co. Inc. and Whitman Insurance Co. Ltd., a captive insurer, claimed in the suit that Cooper tortiously interfered with its ability to enforce an indemnity agreement with Pneumo Abex. The court held that because Pepsi’s tortious interference claims depend on the existence of an indemnity obligation by Pneumo Abex that was guaranteed by Cooper, Cooper had the right to compel Pepsi to arbitrate those claims. It said Cooper also had a right to arbitration under a since-terminated guaranty agreement between Cooper and Pneumo Abex. View Full Article On Law360
Law360, New York (August 13, 2015, 5:08 PM ET) -- General Dynamics Land Systems Inc. on Wednesday slammed a bankrupt metal fabrication shop’s $3.7 million fraud suit lodged in Texas federal court over an alleged breach of the pair’s contract to build tanks for the Israeli government, saying the contract in question clearly dictates arbitration. General Dynamics asked the federal court to dismiss Elite Precision Fabricators Inc.’s fraud and fraudulent inducement claims and compel it to arbitrate its allegation that the contractor failed to uphold an agreement in which the two companies agreed to a work stoppage after initially joining forces to fulfill General Dynamics’ contract with the Israeli government to construct combat vehicles. “Elite fails to allege … that GDLS made any material false representations, much less that it made such representations knowing that they were false or intending that Elite would rely upon them,” the motion to dismiss said. “Rather, Elite simply alleges that GDLS promised to perform and subsequently failed to do so — a breach of contract claim.” Additionally, the parties agreed to arbitrate any disputes over their contract and, as a result, the disagreement does not belong in federal court, General Dynamics said. In its 2014 lawsuit, Elite alleged its costs for manufacturing the parts it was obligated to contribute to the tanks quickly exceeded its expectations. After realizing that it could not continue with the project, claiming financial burden resulting from borrowing millions to finance the project, Elite negotiated a work stoppage agreement with General Dynamics in 2012 to end its involvement with the project, according to court documents. The agreement provided for payment of all finished product, work in progress and third-party purchases of materials, Elite claimed in its suit. The company alleges it sent a $3.7 million invoice to General Dynamics but was never paid. The Montgomery, Texas-based fabrication shop filed for Chapter 11 bankruptcy protection in March 2014. Elite filed an adversary proceeding against General Dynamics in the bankruptcy court case that bring identical claims to those in the immediate suit, the defendant said. It has also filed a motion to dismiss the adversary complaint and to compel arbitration in that proceeding, General Dynamics told the court Wednesday. Counsel for Elite did not immediately respond to a Thursday request for comment. GDLS, a Michigan-based division of General Dynamics, is represented by Jean C. Frizzell and Solace Kirkland Southwick of Reynolds Frizzell LLP. Elite is represented by Robert R. Burford of Burford Perry LLP. The case is Elite Precision Fabricators Inc. v. General Dynamics Land Systems Inc., case number 4:14-cv-02086, in U.S. District Court for the Southern District of Texas. --Additional reporting by Tom Zanki. Editing by Philip Shea.
Reynolds Frizzell Achieves Favorable Settlement for Clients One Week After Filing Suit for Failure to Pay for Purchase of a Business
Reynolds Frizzell was retained to represent the sellers of a medical billing business after the purchaser failed to pay the second portion of the purchase price. As required under the Asset Purchase Agreement, we notified MediGain, a national medical billing organization, of the dispute pursuant to the indemnification procedures outlined in the agreement. After several months of negotiation and reaching an impasse, we ultimately filed suit in Dallas County, Texas on September 28, 2014, for breach of contract and fraud. Within one week, MediGain settled the matter with our clients for several million dollars – significantly more than our clients had offered in writing to settle the dispute for before retaining us. The matter was handled by Jean Frizzell and Jamin Soderstrom.
Reynold's Frizzell is pleased to announce that the firm has been listed as a Best Law Firm by Best Lawyers in America for 2015 for the following practices: Commercial Litigation ( Litigation - Securities) - National Tier 3 Commericial Litigation ( Litigation -Securities) - Houston Tier 1 Litigation Construction - Houston Tier 2 WASHINGTON November 3, 2014 — U.S. News & World Report and Best Lawyers, for the fifth consecutive year, announce the 2015 "Best Law Firms" rankings. Firms included in the 2015 "Best Law Firms" list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. "For thirty years, U.S. News has provided consumers with accurate, in-depth information and rankings of a wide range of institutions," says Tim Smart, Executive Editor of U.S. News & World Report. "Law firms are an integral part of our rankings and a natural accompaniment to the law school rankings."
The District Court of Nacogdoches County, Texas granted partial summary judgment in favor of our clients, BHP Billiton Petroleum (Americas), Inc. and Petrohawk Properties, L.P., dismissing claims asserted by a plaintiff who claimed that he was the rightful owner of certain mineral rights in a producing oil & gas field. The plaintiff claimed that a prior conveyance of the property in our clients' chain of title was invalid, based on an interpretation of certain language in the will of a previous owner of the property, and therefore the plaintiff, not our clients, was the rightful owner of the mineral interests. The case is being handled by Jeremy Doyle and Chris Hogan. You may read the court's order here.
So far, though, there are no plans to introduce zoning. Mayor Annise Parker "believes that it is way too late for zoning in Houston," said Janice Evans, her spokeswoman. Developers in Houston are concerned that building in the nation's fourth-largest city may soon become more difficult, after a judge ruled that neighbors are entitled to a total of $1.2 million for enduring the inconvenience of high-rise apartments planned next to their homes.
The judge in the Ashby high-rise case on April 21 pledged a swift ruling, but acknowledged he faces a dilemma in making a decision that could have implications for development in Houston. Jean Frizzell urged Judge Wilson to order an injunction. He said previous case law gives judges that power, as well as the right to hold future proceedings to consider whether any new designs would still constitute a nuisance. On December 17, 2013, after a four week trial, a jury found unanimously in favor of twenty homeowners represented by the firm, awarding approximately $1.7 million in damages, and declaring the Ashby high-rise project to be a neighborhood nuisance. The trial team was led by Jean Frizzell and Jeremy Doyle, with James Schuelke also participating in the win. Read Houston Chronicle Article Here Read City and State Article Here
Jean C. Frizzell has become a Fellow of the American College of Trial Lawyers. Founded in 1950, the American College of Trial Lawyers is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility, and collegiality.
Chris Reynolds, Jean Frizzell and the Firm were recently honored by Chambers, and recognized “leaders in their field.” Chris Reynolds is recognized as Band 2 in both Texas, Litigation: General Commercial and Texas, Litigation: Energy and Natural Resources. Jean Frizzell is recognized as Band 2 in Texas, Litigation: General Commercial and Texas.
The firm was recently ranked by US News Best Law Firms as Tier 1 (the highest band) in Commercial Litigation, Securities Litigation, and Construction Litigation in the Houston Metropolitan Section; and nationally honored as Tier 3 in Commercial Litigation and Securities Litigation. Moreover, The following attorneys were individually recognized as leaders in their respective fields: Chris Reynolds for Bet-the-Company Litigation, Commercial Litigation, Construction Litigation, and Securities Litigation; Jean C. Frizzell for Commercial Litigation and Securities Litigation; and Jeremy Doyle for Commercial Litigation.
On December 17, 2013, after a four week trial, a jury found unanimously in favor of twenty homeowners represented by the firm, awarding approximately $1.7 million in damages, and declaring the Ashby high-rise project to be a neighborhood nuisance. The trial team was led by Jean Frizzell and Jeremy Doyle, with James Schuelke also participating in the win. Read the jury’s verdict here Read more about the trial here Ashby Blog Images
Reynolds Frizzell Hired to Defend Axis Pipe and Tube In Fight Over $200 million Steel Mill Facility in Bryan, Texas
The firm was recently hired to defend Axis Pipe and Tube in a suit brought by dozens of landowners that are seeking to shut down the $200 million steel mill because of alleged noise pollution. John Black, Jeremy Doyle, and Drew Pennebaker represent the company, whose investment represents one of the largest made in the state of Texas last year. (See the Video Here) You Can Read the Lawsuit Here.
Reynolds Frizzell LLP is pleased to announce that Chris Reynolds has been selected to the 2013 Super Lawyers Texas Top List. Super Lawyers, a Thomson Reuters business, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list.
Law360, Houston (October 29, 2013, 7:14 PM ET) -- An affiliate of Wapiti Energy LLC filed suit Monday in Texas state court, saying it is at odds with Layline Petroleum LLC over the allocation of overhead costs, expenses and taxes tied to a $375 million acquisition of oil and gas properties. Houston-based Wapiti Energy Opco LLC says Layline is refusing to pay its share of costs mandated by the companies’ purchase agreement while demanding that Wapiti reimburse it a “significant amount” for operating and capital expenses related to oil fields Layline sold to it last April. The dispute revolves around a $375 million deal with Layline that gave Wapiti producing properties in Texas, Louisiana and North Dakota containing proven reserves of 23.2 million barrels of oil. View Full Article On Law360