Representative Cases

2017 Greystone Multi-Family Builders, Inc. v. TPG (Post Oak) Acquisition, LLC, et al.: After a four-week trial, the Honorable Judge Kirkland of the 334th Judicial District Court of Harris County, Texas rendered final judgment in a dispute over a $52 million construction project in Houston, Texas. DLJ's clients sued the owner of the property for approximately $700,000, alleging that it had been improperly terminated under a construction contract. The owner countersued for breach of contract seeking damages of more than $19 million. Greystone prevailed under the construction contract and the Court awarded Greystone actual damages of $506,513.88, pre-judgment interest, and $3,620,306.62 in attorneys' fees and expenses. The Court ordered that the owner take nothing on its counterclaims.

An owner affiliate also intervened, alleging breach-of-contract, breach of a joint venture agreement, and breach of a personal guaranty. The affiliate sought damages ranging from $19 to $22 million, but was awarded only $647,717.13 and a fraction of its attorneys' fees.

2016 Boardwalk Pipeline Partners, LP v. Chevron Pipe Line Company: Arbitration in Houston, Texas. DLJ represented Boardwalk, one of the largest U.S. entities providing pipeline-transportation, storage, gathering, and processing of natural gas and liquids. Boardwalk brought claims alleging damages for fraud, misrepresentation, and breach of contract related to its purchase of a natural-gas pipeline from Chevron. Boardwalk sought damages in excess of $330 million. The matter was settled on confidential terms.

2016 Clay Partners - FG Deerwood Glen, LP v. The Flexitallic Group SAS and Flexitallic, LP: In the 157th Judicial District Court of Harris County, Texas, Judge Randy Wilson presiding. DLJ represented Clay Partners against Flexitallic for anticipatory repudiation of a commercial build-to-suit lease and to enforce a guaranty of the lease. Defendants vigorously asserted various defenses and counterclaims. After a bench trial and substantial post-trial briefing, the Court found that Defendants breached the lease and guaranty and awarded Clay Partners damages in the amount of $9,600,000, all of Clay Partners' attorneys' fees through trial in the amount of $1,350,472.50, and pre-judgment interest of $135,452.21.

2016 Cadence Bank f/k/a Encore Bank v. Allen L. Berry, et al.: In the 152nd Judicial District Court of Harris County, Texas, Judge Robert Schaffer presiding. DLJ represented Cadence Bank in an action against Allen L. Berry, Joseph D. McCord, and Robert G. Taylor, II, to enforce a guaranty of a $3.6 million loan. Defendants asserted various counterclaims and vigorously contested the lawsuit. After discovery, Judge Schaffer granted final summary judgment in Cadence's favor. DLJ successfully defended the summary judgment on appeal to the First Court of Appeals and the Texas Supreme Court. After appeal, Defendants paid Cadence the outstanding principal balance on the loan, as well as interest and all of Cadence's attorney's fees.

2015 Crimson Exploration Inc. and Crimson Explorations Operating, Inc. v. Allen Drilling Acquisition Company and ADAC II, Inc.: In the 278th Judicial District Court of Madison County, Texas, Judge Hal R. Ridley presiding. DLJ and local counsel, Kevin R. Knight, Jr., represented Crimson a suit seeking breach of contract, declaratory relief, and judicial foreclosure of Defendants' interests in a joint operating agreement relating to the exploration and development of oil & gas leases in Madison and Grimes counties. Defendants asserted various counterclaims against Crimson. Over the course of the litigation, DLJ won three affirmative motions for summary judgment on Crimson's claims and defeated Defendants' multiple motions and cross motions for summary judgment. The Court entered Final Judgment in favor of Crimson on July 30, 2015, ordered foreclosure of Crimson's lien, and awarded Crimson $1,250,000.00 in attorneys' fees (stipulated) through trial.

Allen Drilling appealed. DLJ and Beck Redden represented Crimson in the appeal and upheld DLJ's win. On March 7, 2018, the Tenth Court of Appeals in Waco, Texas issued a 33-page opinion in favor of Crimson. The Court affirmed that Allen Drilling Company and ADAC II, Inc. (collectively, "ADAC") were properly deemed non-consenting parties to the joint operating agreement ("JOA") and remained in default with their rights suspended under two sections of an APPL Model Form 610 - 1989 JOA. ADAC did not elect to go non-consent and at least two of the wells ADAC defaulted on required ADAC's participation. Among other things, the Court held that the "deemed non-consent" remedy is not an exclusive remedy under the JOA, and other remedies remained available under the JOA, including a contractual lien on ADAC's interests. The case was remanded for trial to determine the amount of ADAC's default.

2015 Hanwha Resources (USA) Corp., et al. v. O'Ryan Oil & Gas, et al.: Arbitration in Houston, Texas. DLJ represented Hanwha Resources (USA) Corp., a subsidiary of Hanwha Corporation, one of the largest conglomerates in South Korea. Hanwha alleged that O'Ryan Oil & Gas made material misrepresentations related to the sale of undivided working interests in certain oil-and-gas leases sold to Hanwha as part of a joint venture with O'Ryan. Hanwha sought damages in excess of $48 Million. The matter was arbitrated and resulted in a confidential award.

2013 PRC Environmental, Inc. v. Diamond Offshore Drilling, Inc., et al.: In the United States District Court for the Southern District of Texas, Galveston Division, Judge Gregg Costa presiding. DLJ successfully defended Diamond Offshore Drilling, Inc., one of the largest offshore-drilling companies in the world. The plaintiffs asserted tortious interference with business relations and sought a declaratory judgment related to sale and transfer of an offshore-drilling unit, and sought more than $258 million in damages. DLJ successfully defended Diamond Offshore Drilling, Inc., securing a final judgment that plaintiffs take nothing, and dismissing the plaintiff's claims.

2013 Diamond Offshore Company v. Survival Systems, International, Inc. (SSI): In the United States District Court for the Southern District of Texas, Houston Division, Judge Gray H. Miller presiding. DLJ represented Diamond Offshore Company, a subsidiary of Diamond Offshore Drilling, Inc., one of the largest offshore-drilling companies in the world. Diamond Offshore Company asserted claims of fraud, misrepresentation, breach of warranty, breach of contract, strict liability, and declaratory relief against SSI related to a lifeboat accident involving SSI-designed and SSI-manufactured lifeboat hooks that Diamond alleged were defective and not fit for purpose, and which Diamond alleged resulted in the death of two individuals and the serious injury to two other individuals. Diamond sought damages in excess of $4 Million. The matter was settled on confidential terms.

2013 Quipica, LLC and Quimicos Petroleros Integrados, C.A., v. Sichuan Honghua Petroleum Equipment Company, Ltd. et al.: In the International Centre for Dispute Resolution. DLJ represented Quimicos Petroleros Integrados, a Venezuelan oil and gas service company, and Quipica, LLC, a Texas based oil and gas intermediary, in an international arbitration against Honghua, one of the world's largest drilling rig manufacturers. Quimicos and Quipica brought claims for damages related to Honghua's sale of drilling rigs and drilling equipment to PDVSAS, the Venezuelan state oil company. Quimicos and Quipica alleged that Honghua, based in China, breached a series of contracts by failing to pay Quimicos and Quipica amounts owed from the sales to PDVSAS. The arbitration involved witnesses and activities on three continents and tens of thousands of documents in three languages. After over a year of arbitration and a four-day hearing, the panel found in favor Quimicos and Quipica on their breach of contract claim and awarded more than $15 million in damages.

2013 Charles E. Simmons, et al. v. Dan M. Moody, Jr., et al.: In the 295th Judicial District Court of Harris County, Texas, Judge Caroline E. Baker presiding. DLJ successfully defended Dan M. Moody, Jr., John S. Moody, Jr., and Dan M. Moody III in a partnership and real estate development dispute. The plaintiffs asserted breach of fiduciary duty, fraud, conspiracy to defraud, and unjust enrichment related to several residential and commercial developments in Katy, Texas, and sought more than $11 million in actual damages plus punitive damages. After a two-week jury trial, Judge Baker granted defendants' motion for directed verdict on numerous claims and, afterward, the jury rejected plaintiffs' remaining claims. Additionally, the jury found in favor of defendants on their counterclaims and awarded damages against plaintiffs.

2012 Mogas Industries v. Bray International et al: DLJ represented Mogas alleging theft of trade secrets, breach of employment contracts, and breach of fiduciary duty claims against former employees of the company and their new employer. The case involved confidential business information including technical information related to industrial ball valves. DLJ obtained a temporary restraining order and injunctions against the defendants. The case was settled confidentially prior to trial. In the 334th Judicial District Court of Harris County, Texas.

2012 Anadarko Petroleum Corp. v. Noble Drilling (U.S.) L.L.C.: In the United States District Court for the Southern District of Texas, Judge Vanessa D. Gilmore presiding. DLJ defended Noble Drilling (U.S.) L.L.C., a subsidiary of Noble Corporation, one of the largest offshore-drilling contractors in the world. Anadarko Petroleum Company sought a declaratory judgment that a temporary moratorium on drilling in the Gulf of Mexico released Anadarko from its contractual obligations with Noble. Noble filed counterclaims for breach-of-contract damages in excess of $100 million. The matter was settled on confidential terms.

2012 Noble Drilling Services, Inc. v. Certex USA, Inc., Bridon-American Corp., and Bridon International, Inc.: In the United States District Court for the Eastern District of Louisiana, Judge Kenneth M. Hoyt presiding. DLJ represented Noble Drilling Services, Inc, a subsidiary of Noble Corporation, one of the largest offshore drilling contractors in the world. Noble brought claims alleging damages related to multiple wire-rope failures on multiple drilling rigs during Hurricane Ike. Noble alleged that the wire ropes, manufactured by Bridon and sold by Certex, failed to meet their represented specifications, causing multiple rigs to lose station. Noble sought damages in excess of $148 million. The matter was settled on confidential terms.

2011 Matthew Van Steenwyk, et al. v. Scientific Drilling International, et al.: In the 189th District Court of Harris County, Texas, Judge Bill R. Burke presiding. DLJ represented the plaintiffs, shareholders in a closely-held corporation, in a derivative-shareholder action. Plaintiffs alleged that the actions of the defendants constituted multiple breaches of fiduciary duty, shareholder oppression, fraud, misrepresentation, and violations of the Texas Business Corporations Act. Plaintiff sought actual damages in excess of $175 million, as well as punitive damages. The matter was fully and finally settled by the parties.

2010 Dixie Pipe Sales, Inc. v. Meriplex Communications, Ltd.: In the 113th Judicial District, Harris County, Texas, Judge Patricia Hancock presiding. Dobrowski LLP successfully defended Meriplex in a lawsuit alleging breach of contract, negligence, negligent and intentional misrepresentation and multiple violations of the Texas Deceptive Trade Practices Act in which Plaintiff sought $4,119,173.31 in alleged damages, plus attorneys' fees. The firm won summary judgment on all of Plaintiff's claims and Meriplex's counterclaims, and also obtained a finding that Plaintiff's DTPA claims were frivolous as a matter of law. After a bench trial solely on the issue of Meriplex's attorneys' fees, the firm recovered 100% of its attorneys' fees for its client, which were paid in full within two weeks of the final judgment.

2010 Mike Leach: The firm was selected by head football coach Mike Leach, NCAA Coach of the Year in 2008, to represent him against Texas Tech University alleging breach of contract and constitutional violations in terminating him. This high profile case pitted Dobrowski LLP against Texas Tech University and the Attorney General of the State of Texas as Texas Tech sought to avoid liability behind the shield of sovereign immunity. The firm successfully convinced the trial court that Texas Tech had waived immunity by virtue of its actions in depriving Coach Leach of the benefits of his contract.

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 over $100 million in pipeline repair costs and lost profits. After a 2-week bench trial, Mag. Knowles issued a 46-page opinion rejecting plaintiffs' claims.

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 LLP 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. The firm's successful prosecution resulted in a settlement for Plaintiffs.

2008 Kuwait Establishment Co. W.L.L. (KEC) v. Kellogg, Brown & Root, Inc. (KBR): In the 125th District Court of Harris County, Texas, Judge John Coselli presiding. Dobrowski LLP represented KEC, a Kuwaiti company that leased hundreds of tractor trailers to KBR during the U.S/Iraq conflict. KEC alleged breach of contract and conversion, asserting that a significant portion of its property was not returned and that KBR failed to compensate KEC in accordance with KBR's contractual obligations. KEC's damages exceeded $10 million. The matter was settled before trial on favorable terms for KEC.

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.

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 before 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.

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 LLP represented Plaintiff in a professional malpractice claim. After a two-week jury trial, the case settled for a confidential amount prior to closing argument.

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. The Firm's successful prosecution resulted in a settlement for Plaintiffs.

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 was one of six law firms nationwide representing plaintiffs in a mass class action suit against Epson. Plaintiffs alleged that Epson printer cartridges were defined by printer software as being empty when, in fact, they contained a substantial amount of ink and could 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 LLP 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.

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 LLP 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.

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 LLP 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, the Ocean Baroness. Plaintiffs were conducting drilling operations in the South China Sea when the drilling riser failed after less 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.

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 LLP 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%.

2003 Camden Development Inc. v. Crist Contracting Company, Inc., et al, Orange County California Superior Court: Dobrowski LLP 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.

2003 RDI Development Inc. v. Professional Service Industries, Inc.: In the United States District Court, Southern District of Texas, Houston Division. Dobrowski LLP 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.

2002 In re M & F Worldwide Corporation Shareholder Litigation: In the Court of Chancery for the State of Delaware, New Castle County; Vice Chancellor Strine, presiding. Represented several named shareholder plaintiffs in a shareholder class action and derivative action suit against Ronald O. Perelman and the Board of Directors based on M&F Worldwide's purchase of Perelman's controlling interest in Panavision, Inc. stock. The firm successfully challenged a proposed $12 million settlement between Defendants and other plaintiffs as inadequate. Resumed trial, and during trial reached settlement in which Defendants rescinded the $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.

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 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.

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.

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 lawsuit 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 lawsuit 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.