Representative Cases

SIGNIFICANT CASES OF DOBROWSKI L.L.P.

2009 Pioneer Natural Resources USA, Inc., et al. v. Diamond Offshore Company., et al.; In the United States District Court for the Eastern District of Louisiana, Magistrate Judge Daniel E. Knowles III presiding. Dobrowski LLP successfully defended Diamond Offshore Company and Diamond Offshore, one of the largest offshore drilling contractors in the world. Six owners and operators of the Canyon Express Pipeline System, a sub-sea pipeline system in the Gulf of Mexico, brought claims alleging damages related to a pipeline rupture. Plaintiffs alleged that Diamond's semi-submersible rig, the Ocean America, which was cast adrift during Hurricane Ivan, dragged a mooring line across the plaintiffs' pipeline, causing damage. The plaintiffs sought in excess of $100 million for pipeline repair costs and lost profits associated with the pipeline's damage and downtime. After a 2-week bench trial, Mag. Knowles issued a 46-page opinion rejecting plaintiffs' claims. Opposing counsel: Liskow & Lewis - Donald R. Abaunza, R. Keith Jarrett, Mark D. Latham, and Joseph I. Giarrusso III.

2009 Quantum Unlimited, LLC, et al. v. Wyndham International, Inc., et al.; In the 298th Judicial District Court of Dallas County, Texas, Judge Emily Tobolowsky presiding. Dobrowski L.L.P. represented Plaintiffs in a lawsuit against Defendants for repudiation and breaches of agreements, promissory estoppel, Texas Business Opportunity Act violations, conspiracy to violate the Texas Business Opportunity Act, and conspiracy to tortiously interfere with contracts and contractual relations in connection with Defendants' promotion and sale of a timeshare opportunity to Plaintiffs. During litigation, the parties deposed over 25 witnesses across the United States and managed a document database of over 150,000 documents. Dobrowski L.L.P.'s successful prosecution resulted in a settlement for Plaintiffs. Opposing counsel included: Simpson Thacher & Bartlett, L.L.P. - Bruce Angiolillo, George Wang and Andrew Cattell; Vinson & Elkins L.L.P. - Matthew R. Stammel and Frank C. Brame; Counsel for Defendent Tempus, Int'l; Thompson & Knight LLP - George C. Chapman and Robert K. Mitchell.

2008 St. James Capital Partners, L.P., et al. v. St. James Capital Corp., et al.; In the 129th Judicial District Court of Harris County, Texas, Judge Grant Dorfman presiding. Dobrowski LLP successfully defended Charles Underbrink, the principal of the founding general partners of two investment fund limited partnerships. The successor general partner of one of the funds and some of the limited partner investors brought direct and derivative claims against Underbrink and the general partners alleging breach of fiduciary duties, fraud and Texas Securities Act violations related to thirteen separate transactions. The plaintiffs sought $47 million in actual damages, another $12 million in disgorgement, and $60 million in punitive damages. After an 8-week trial, the jury rejected each of the plaintiffs' claims against the defendants. Instead, the jury found that Underbrink and the general partners fully complied with their fiduciary duties and that each of the thirteen challenged transactions was entirely fair to the limited partners. On Underbrink's counterclaims, the court ruled as a matter of law during trial that the successor general partner plaintiff had breached the partnership agreement by withholding almost $5 million in distributions from Underbrink and his affiliates. Co-defense counsel: Gibbs & Bruns - Jean Frizzell, Jeff Kubin, Matt Cooper and Jenny Greer. Opposing counsel: Ahmad, Zavitsanos & Anaipakos - John Zavitsanos, Demetrius Anaipakos, Amir Alavi and Yetter, Warden & Coleman - David Warden and Thomas Morrow.

2008 Glenn J. Solomon v. Ronald C. Hatfield: In the 127th Judicial District Court of Harris County, Texas, Judge Sharolyn Wood presiding. Dobrowski LLP represented Solomon (initially the Defendant, later the Plaintiff after the parties agreed to realignment prior to trial), an investor and manager of real estate, in a lawsuit against Hatfield alleging breach of contract, fraudulent inducement, and breach of fiduciary duties and defending against Hatfield's declaratory judgment actions and usury and breach of contract claims. Solomon alleged that he and Hatfield entered into a partnership to acquire a "Casita" in the luxury resort of Villas del Mar in Cabo San Lucas, Mexico. Hatfield disputed the existence of a partnership. After an 8 day trial, the Court determined as a matter of law that the parties formed a joint venture to acquire the Casita. The jury unanimously found against Hatfield on breach of contract and breach of fiduciary duties. The jury also found fraudulent inducement by Hatfield and awarded the following damages on Solomon's claims against Hatfield: breach of fiduciary duties, $4,512,500; punitive damages, $462,500; breach of contract $4,168,500. Opposing counsel: Connelly Baker Wotring LLP - Michael Connelly and David George.

2007 Coral Way L.L.C. v. Kennedy Covington Lobdell & Hickman LLP, et. al.: In the U.S. District Court for Southern District of Florida; Judge Seitz presiding. Dobrowski L.L.P represented Plaintiff in a professional malpractice claim. Two week jury trial. Case settled for confidential amount prior to closing argument. Opposing Counsel: Rudolph Aragon.

2006 Tolt Ventures, LLC et al. v. KPMG, LLP, et al.: In the 333rd District Court of Harris County, Texas, Judge Tad Halbach, presiding. Dobrowski LLP represented Plaintiffs, a family of investors, in a lawsuit against Defendants, for fraud, breach of contract, breach of fiduciary duty, securities fraud, negligence and gross negligence in connection with Defendants' promotion and sale of a fraudulent investment to Plaintiffs. During litigation, the parties deposed over 50 witnesses across the United States and managed a document database of over 150,000 documents. The Firm's successful prosecution resulted in a settlement for Plaintiffs. Opposing counsel included: King & Spalding, LLP - Kevin Dinan (KPMG Washington National Counsel), Mark Glasser, Ric Toher and Christie Cardon (KPMG Houston Counsel); Munger, Tolles & Olson, LLP - Brad Brian, Lisa Demsky, Jonathan Altman, Susan Szabo (Sidley Austin San Francisco National Counsel) Connelly, Baker, Masten, Wotring & Jackson L.L.P. - Michael Connelly (Sidley Austin Houston Counsel); Latham & Watkins LLP - Steven Bauer (Presidio National Counsel), Lapin & Landa, LLP - John Landa (Presidio Houston Counsel); Beirne, Maynard & Parsons, L.L.P. - Scott Marrs and Keith Odenweller (Individual KPMG Partner's Counsel).

2006 In re: Epson Ink Cartridge Cases: Judicial Council Coordination Proceeding No. 4347; in the Superior Court of the State of California for the County of Los Angeles. Dobrowski LLP is one of six law firms nationwide representing plaintiffs in a mass class action suit against Epson. Plaintiffs allege that Epson printer cartridges are defined by printer software as being empty when, in fact, they contain a substantial amount of ink and may continue to print. A settlement was approved by the Superior Court of the State of California for the County of Los Angeles on August 15, 2006. Over 10 million class members were entitled to receive a $45 credit for purchases of additional ink and other products from the Epson internet store. Registered printer owners received the $45 credit automatically and other class members were eligible to register their printers and receive the automatic credit. Please see http://www.epsonsettlement.com/ for further information regarding the settlement.

2006 Brickell View, L.C., et al. v. SZF, LLC, et al.: In the 11th Judicial Circuit Court of Miami-Dade County, Miami, Florida. Brickell View, L.C. v. Summit Properties, Inc. a/k/a Summit Management Company, Inc. a/k/a Summit Properties Partnership, Ltd.: In the United States District Court for the Southern District of Texas, Miami Division. Dobrowski L.L.P. represented affiliated entities of Camden Property Trust in litigation related to the development and construction of a Class A mixed use development containing 323 multi-family apartment units and over 17,000 square feet of retail space. The cases were resolved by confidential settlement. Opposing counsel included: Josephs Jack - Michael R. Josephs; Daniels, Kashtan, Downs, Robertson & Magathan - Joseph W. Downs, III.

2006 Bovis Lend Lease, Inc. v. Brickell Grand, Inc. and Summit Properties Partnership, L.P. n/k/a Camden Summit Partnership, L.P.: In the 11th Judicial Circuit Court of Miami-Dade County, Miami, Florida. Brickell Grand, Inc. v. Summit Properties Partnership, L.P. n/k/a Camden Summit Partnership, L.P.: In the 11th Judicial Circuit Court of Miami-Dade County, Miami, Florida. Camden Summit Partnership, L.P. f/k/a Summit Properties Partnership, L.P. v. Willy A. Bermello, Luis Ajamil, and Henry Pino: In the 11th Judicial Circuit Court of Miami-Dade County, Miami, Florida. Dobrowski L.L.P. represented affiliated entities of Camden Property Trust in litigation related to the development and construction of a Class A mixed use development containing 429 multi-family apartment units and 23,000 square fee of retail space. The cases were resolved by confidential settlement. Opposing counsel included: Law Offices of Clinton D. Flagg, P.A. - Clinton D. Flagg (Defendent Bovis Lend Lease, Inc.); Daniels, Kashtan, Downs, Robertson & Magathan - Joseph W. Downs, III (Defendents Brickell Grand, Inc., Willy A. Bermello, Luis Ajamil, and Henry Pino)

2004 Diamond Offshore Drilling Limited et al. v. Stewart & Stevenson Services, Inc. : In the 125th District Court of Harris County, Texas; Judge John Coselli, presiding. Dobrowski L.L.P. represented Plaintiffs, an international drilling company and its subsidiaries, in their lawsuit against Defendant, a large oil and gas equipment manufacturing company, for fraud, breach of contract and breach of warranty, regarding the failure of a deep-water drilling riser. Plaintiffs purchased a $7 million deep-water drilling riser from Defendant in fall 2000 for use on Plaintiffs' deep-water, semi-submersible drilling rig, Ocean Baroness. Plaintiffs were conducting drilling operations in the South China Sea when the drilling riser manufactured by the Defendant failed after fewer than 30 days of use. During litigation, the parties deposed 120 fact witnesses in the United States, Europe and Asia, and the Firm managed a 300,000+ document database. The Firm's successful prosecution resulted in a $22.75 million settlement payment to the Plaintiffs. Opposing counsel: Jack O'Neill, Reagan Pratt, Sashe Dimitroff, Mark White (formerly Clements, O'Neill, Pierce, Wilson & Fulkerson, currently DLA Piper) and Brian Wunder (currently Wilson & Fulkerson L.L.P.).

2003 Maytag v. Goodman, PWC Accounting Arbitration, Chicago Ill. : Following its $325 million purchase of the assets and assumption of certain liabilities of Goodman subsidiary, Amana, Maytag sought an approximate 13% reduction of the purchase price. Goodman disputed the calculation, GAAP methodology and amount of Maytag's proposed adjustment. As co-lead counsel, Dobrowski represented Goodman in the resulting arbitration. After extensive briefing, several favorable rulings on discovery matters, oral argument and post-argument briefing, the panel of accounting arbitrators rejected Maytag's calculation, GAAP methodology and amount of Maytag's proposed adjustment and adjusted the purchase price by an alternative amount proposed by Goodman. The resulting adjustment of the purchase price was less than 5%. Opposing counsel: Frank Vanker (Sidley Austin Brown & Wood).

2003 Camden Development Inc. v. Crist Contracting Company, Inc., et al, Orange County California Superior Court : Dobrowski L.L.P. represented the wholly owned development arm of a publicly traded real estate investment trust in litigation against a subcontractor and Camden's former project manager alleging fraud, conspiracy, breach of contract, and breach of fiduciary duty. After two weeks of trial, the Firm settled the case on behalf of its client as the jury deliberated its verdict. The favorable settlement paid the plaintiff the amount of its actual damages and is secured by a stipulated judgment against the Defendants. Opposing counsel: Robert F. Schauer (Covington & Crowe, L.L.P.), Frank J. Lizarraga, Jr.

2003 RDI Development Inc. v. Professional Service Industries, Inc., United States District Court, Southern District of Texas, Houston Division: Dobrowski L.L.P. represented the plaintiff, a private development company, in a lawsuit against an environmental consulting firm for fraud, breach of contract and deceptive trade practices arising out of an environmental report prepared by the consultant regarding a parcel of real estate on which the plaintiff relied in purchasing the property. When it later learned of significant environmental contamination, the plaintiff hired the Firm to bring a lawsuit for the misrepresentations and omissions in the consultant's report. Shortly before trial, the Firm obtained a favorable settlement for the development company that ensured that the company could remediate the property and recover the profits it sought in the original transaction. Opposing counsel: John C. Landa, Jr. (Lapin & Landa, L.L.P.) and Carolyn D. Roch (Schirrmeister Diaz-Arrastia L.L.P.).

2002 In re M & F Worldwide Corp. Shareholder Litigation; In the Court of Chancery for the State of Delaware, New Castle County; Vice Chancellor Strine, presiding; Represented several name shareholder plaintiffs in Shareholder Class Action and Derivative Action Suit against Ronald O. Perelman and Board of Directors based on M&F Worldwide's purchase of Perelman's controlling interest in Panavision, Inc. stock. Successfully challenged proposed $12 million settlement between Defendants and other plaintiffs as inadequate. Resumed trial, and during trial reached settlement in which Defendants rescinded $130 million transaction made the basis of suit. Resulted in $81 million cash payment to M&F plus approximately $48 million in stock to M&F. Opposing counsel: Thomas Allingham and Robert Zimet (Skadden, Arps, Slate, Meacher & Flom); Jon Abramczyk (Morris, Nichols, Archt & Tunnell); Thad Bracegirdle (Richards, Layton & Finger).

2002 EquaTerra, Inc. v. KPMG Consulting, Inc. and KPMG Consulting, L.L.C; In the 270th Judicial Court of Harris County, Texas; Judge Brent Gamble presiding - The firm represented a local Houston business outsourcing company in its lawsuit against a large business consulting firm alleging breach of contract, fraud, breach of fiduciary duty, among other causes of action. Case settled for a confidential amount. Opposing counsel: Robert Manley (McKool Smith, Dallas, Texas).

2002 SaludAmerica.com, L.L.C. et al. v. VistaLink International, Ltd. et al.; In the 129th Judicial District Court of Harris County, Texas - The firm represented several local investors in a business venture against a former partner and several potential investors alleging breach of contract, breach of fiduciary duty, tortious interference with fiduciary duties and fraud. The case was settled for a confidential amount. Opposing counsel: Steven R. Selsberg (formerly Shook, Hardy & Bacon L.L.P., Houston, Texas, now Mayer Brown).

2002 Joe Lopez, et al. v. Hispanic Air Conditioning and Heating, Inc., et al.; In the Judicial District Court of McLennan County, Texas - Class Action representing defendant manufacturers of air conditioning systems. Plaintiffs alleged violations of various consumer protection statutes. Summary Judgment granted dismissing Dobrowski's clients in January 2002.

2001 John Salah, et al. v. Consolidated Industries, Inc., et al.; In the Superior Court of the State of California, County of Santa Clara - Class Action suit representing defendants in which plaintiffs claimed $150 million in total damages and $7-10 million sought against Dobrowski's clients. Settled with payment of $500,000. All other Defendants paid more.

ADDITIONAL CASES HANDLED BY PAUL DOBROWSKI

2000 Goodman Manufacturing Company, L.P. v. Baker Distributing Company; Arbitration in Houston, Texas; Representing Plaintiff in breach of contract case resulting from termination of two former distributors. Obtained $7 million settlement payment. Opposing counsel: Richard Josephson (Baker & Botts).

1999 Goodman Manufacturing Company, L.P. v. Raytheon Company, et al.; In the United District Court for the Southern District of New York, the Honorable Loretta Preska presiding; Lead attorney in negotiating multi-million dollar settlement for breach of contract case concerning the $600 million acquisition of Amana's consumer products business. Opposing counsel: Andrew Houston (Wachtell, Lipton, Rosen & Katz), Alex Dimitrief (Kirkland & Ellis).

1998 Sam Liprie v. Omnitron, Guidant Corp. et al.; 215th Judicial District Court, Harris County, Texas; Honorable Dwight Jefferson presiding; Obtained eight figure settlement for individual inventor in intellectual property dispute. Opposing counsel: John Lynch, Charles Baker (Arnold, White & Durkee).

1998 Bogan Aerotech v. Bell Helicopter; 345th Judicial District Court, Tarrant County, Texas; represented Plaintiff in breach of joint venture agreement lawsuit. Obtained multi-million settlement for client. Opposing counsel: Ernie Figari, Erin Dwyer (Figari & Davenport).

1997 Brown Services, et al. v. Zapata Offshore and Zapata Corp.; 334th Judicial District Court, Harris County, Texas; Honorable Russell Lloyd presiding; Successful defense of $12 million claim for tortious interference with contract; Three week jury trial. Opposing counsel: Richard Schechter.

1997 Rocketball, Inc. v. Arena Operating Company ; 11th Judicial District Court, Harris County, Texas; Honorable Mark Davidson, presiding; Represented Crescent Real Estate Equities, owner of parking garages and water chillers at Compaq Center, in successfully preventing NBA franchise from abrogating its lease before term expired. Special Opposing counsel: Michael Goldberg, Stephen Tipps (Baker & Botts).

1997 Goodman Manufacturing Company v. General Electric, Chevron, et al.; 157th Judicial District Court of Harris County, Texas; Honorable Richard Hall presiding; Represented Plaintiff in obtaining favorable settlement from several national manufacturers providing for payment, repair and replacement of high temperature plastic vent pipe; Also assisted in strategy for related Consumer Products Safety Commission investigation. Opposing counsel: Jack O'Neill (Formerly Clements, O'Neill, Pierce & Nickens now DLA Pipers), Jim Smith (Beirne, Maynard)

1996 Barton Gillman v. Ramsay Gillman Dealerships, et al.; 11th Judicial District Court, Harris County Texas; Honorable Mark Davidson presiding; Represented Defendants in $25 million breach of fiduciary duty, breach of contract and fraud lawsuit. Obtained several rulings resulting in favorable settlement for clients. Opposing counsel: Alan Levin (Levin & Kasner) and Alice Oliver Parrot.

1996 Bredco, Inc. et al. v. Guardian Savings; 269th Judicial District Court, Harris County, Texas; Honorable David West presiding; Obtained summary judgment in favor of Defendant in $50 million lender liability lawsuit. Opposing counsel: Julius Glickman (Glickman & Barnett).

1995 Houston Oilers, Inc. v. Astrodome U.S.A., Harris County and City of Houston; United States District Court, Southern District of Texas; Honorable Lynn Hughes presiding; Represented Plaintiff and obtained several favorable rulings permitted NFL franchise to relocate to Nashville, Tennessee. Opposing counsel: John O'Quinn (O'Quinn & Laminack) and Wayne Fisher (Fisher, Boyd).

1993-1994 Inter-City Products v. Goodman Manufacturing Company, et al.; United States District Court, Southern District of Texas; Represented Defendant manufacturer in patent infringement suit regarding furnace heat exchanger brought by competitor. Settlement included royalty fee license permitting client to continue using technology. Opposing counsel: Neal Manne (Susman Godfrey).

1991 Mischer Enterprises, Inc. et al. v. Heil Quaker Company, et al.; 151st Judicial District Court, Harris County, Texas; Honorable Solomon Casseb presiding (visiting); Co-lead trial attorney representing Plaintiff distributor; obtained a $4.1 million judgment against defendant manufacturer for breach of joint venture agreement; five week jury trial; Opposing counsel: Steve Susman, Neal Manne (Susman Godfrey L.L.P.).

1990 Petromax, Inc. et al. v. First City National Bank; 11th Judicial District Court, Harris County, Texas; Honorable Mark Davidson presiding; Co-lead trial attorney in defending bank in $50 million lawsuit alleging breach of contract and tortious interference claims; two week jury trial; take nothing judgment for client. Opposing counsel: Allen Hoaglund.

1989 Tricentrol Oil, Inc. v. Touchstone, et al.; 113th Judicial District Court, Harris County, Texas; Honorable Arthur Lesher presiding (visiting); Successfully obtained $2.1 million judgment for Plaintiff in breach of contract and breach of fiduciary duty case; Two week jury trial. Opposing counsel: John White (Formerly Watt, White & Craig now Winstead) and Bill Bruckner (Bruckner & Sykes).

Unless otherwise noted in website - Not certified by Texas Board of Legal Specialization