Case Studies

Trial Victory Obtained for Oil and Gas Company

Thompson & Knight obtained a trial victory for an oil and gas company. Following a believed unsuccessful recovery operation, our client, the Plaintiff, elected to plug and abandon a well in Liberty County, Texas and hired the Defendant to perform the plugging operation. The Defendant was informed the well should have no pressure, but when they arrived on location, the well's pressure was recorded at 3,000 psi. The Defendant did not inform our client of the pressure and spent four days attempting to bleed pressure and eventually plugging the well. Our client learned of the pressure encountered when it received the daily reports several months after the well was plugged. Our client sued the Defendant for breach of contract, breach of the implied warranty of good and workmanlike performance, and negligence. The Court found in favor of our client on all of its causes of action.

Fifth Circuit Ruling Obtained in Securities Violation Dispute

Thompson & Knight represented executives of a telecommunications company in a lawsuit alleging that our clients violated securities laws by misrepresenting - and later restating - the company's line count installations in press releases and public filings. The plaintiffs, a private equity firm and its managing partner, alleged an estimated $100 million loss in stock value and earned class-action certification in a lower court ruling. The plaintiffs alleged that class-action status was appropriate because they could demonstrate class-wide reliance via the fraud-on-the-market presumption, which assumes that a stock's market price reflects all publicly released information. The U.S. Court of Appeals for the Fifth Circuit ruled in favor of our client, decertifying the securities class action in a ruling that now requires district courts to demand proof that an accused statement actually moved a stock's market price before plaintiffs can trigger the fraud-on-the-market presumption to secure class certification.

Dismissal Obtained for Oil and Gas Company

Thompson & Knight represented a major oil and gas company in a jury case in Federal Court in Louisiana. Our client was sued in Louisiana by a tug boat captain ("Plaintiff") who drowned and was later revived while crossing the Mississippi River to perform a crew change on a tug moored to our client's crude oil terminal. The Plaintiff sought a seven-figure amount for physical injuries and for suffering chronic post-traumatic stress disorder. Following extensive discovery, our attorneys prepared and filed a motion for summary judgment on behalf of our client. On the eve of a jury trial at the pretrial conference, the Judge reviewed our client's position and dismissed the case.

Accounting Arbitrations for Oil and Gas Company

Thompson & Knight was retained to handle post-closing disputes between a major oil and gas company and the Seller. Our attorneys represented the Purchaser in an accounting arbitration regarding the post-closing adjustment to the purchase price. The accounting arbitrator ordered a purchase-price adjustment in favor of our client. We also represented the Purchaser in several arbitration proceedings regarding alleged breaches of covenants, representations, and warranties PSA. In the first proceeding, we obtained a favorable ruling regarding the interpretation of one provision of the post-closing adjustment definition. The other disputes were resolved by a confidential settlement agreement.

Preliminary Injunction Obtained for Hedge Fund Client

Thompson & Knight obtained a preliminary injunction in an important victory for a hedge fund client. The injunction restrained the defendant from transferring any of its assets to a third party. Our attorneys defeated the other side's argument that the relief sought amounted to an improper prejudgment attachment. The case resolved favorably following the Court's entry of the preliminary injunction.

Initial Public Offering (IPO) Investment Arbitration

Thompson & Knight prevailed in a week-long arbitration before the American Arbitration Association for a client who was solicited by a venture capital firm to make a substantial investment in a highly-anticipated Initial Public Offering (IPO). The management committee members of the fund squandered our client's investment, along with millions of dollars belonging to other investors. It took six years for the case to get to trial. While the case was pending, the United States Attorney's Office requested our Firm's complete file and used it to indict the management committee members for mail and wire fraud.

Judgment Obtained for Federal Agent

Thompson & Knight represented a federal agent who had been falsely accused of felonious conduct by a government informant. Those allegations launched an internal investigation that severely disrupted our client's life and career. Documents obtained during discovery and the defendant's deposition revealed that the allegations were wholesale lies. The judge awarded actual and punitive damages for our client. The court's findings will do much to clear our client's record and restore his reputation.

Summary Judgment Obtained in Copyright Infringement Case

Thompson & Knight represented a public relations company in a copyright infringement case against a fitness facility. The defendant refused to pay for services provided by our client and kept various public relations materials from our client uploaded to their Web site. Our attorneys demonstrated that the defendant willfully infringed on our client's copyright after a client revoked the defendant's nonexclusive license to use the copyrighted materials. The Firm obtained a summary judgment for the client, and the judge also granted our application for a permanent injunction.

Dismissal Obtained in Professional Liability Case

Thompson & Knight obtained a dismissal for a Canadian law firm and a patent agent being sued for professional liability in connection with the filing of a patent application. Our attorneys upheld removal to the United States District Court for the Eastern District of Virginia and convinced the court to dismiss the case based on lack of personal jurisdiction over our clients.

Jury Verdict Secured for Mortgage Industry Clients

Thompson & Knight defended a mortgage company, a subsidiary of the company, and a former employee in a week-long jury trial in Austin, Texas. The Plaintiff was a limited partner and our clients were a limited partner and general partner in a venture that involved the mortgage industry. Our clients gave joint notice to dissolve the lucrative partnership, and the partnership business was wound down and concluded. Thereafter, the Plaintiff filed suit alleging breach of a partnership agreement, breach of the partners' fiduciary duties, and asserted fraud allegations and tortious interference against our clients. The jury awarded a defense verdict as to all claims asserted.

Mandamus Relief Secured in Attorney-Client Privilege and Condemnation Matters

Thompson & Knight secured mandamus relief from the Dallas Court of Appeals for our client in an issue related to attorney-client privilege. Our attorneys also defeated a claim for mandamus relief brought by a real estate company related to attorney-client privilege and condemnation issues. Both the Dallas Court of Appeals and the Texas Supreme Court denied the real estate company's petitions for writ of mandamus. As a result, our client was able to protect the privileged nature of a large quantity of documents and was also able to retain possession of a parcel of property acquired through eminent domain.

Summary Judgment Obtained for Prominent Fort Worth-Based Foundation

Thompson & Knight obtained a summary judgment on all claims asserted against our client, a prominent Fort Worth-based foundation. The case arose out of the tragic drowning deaths of an adult and three children in a city park. Our client donated funds to the City for the park's design and construction approximately 30 years before the accident. The plaintiffs pursued many entities that had been involved in the construction, maintenance, and modification of the park from its inception. After two years of discovery, the state district judge granted summary judgments for our client on all claims and for other defendants on similar motions.

Summary Judgment Obtained for Wholesale Insurance Broker

Thompson & Knight obtained a summary judgment for a wholesale insurance broker, relieving our client of potential liability of more than $25 million. Our client helped procure umbrella and excess liability insurance for a management company and its restaurant clients. The carrier later asserted that the restaurants were not "insureds" under the policies, although our client insisted they were. One of the restaurants and the management company sought a declaratory judgment that the restaurant was insured and asserted contingent claims against the brokers. The court held that the restaurant was an insured, thereby mooting all claims against our client.

Judgment Obtained for Real Estate Brokerage Firm and Broker

Thompson & Knight represented a real estate brokerage firm and broker against allegations of negligence, fraud, and violations of the Deceptive Trade Practices Consumer Protection Act by making representations and failing to disclose extensive construction defects to the plaintiffs' property. After a three-day bench trial, the Court granted judgment in favor of our clients and dismissed all of the plaintiffs' claims.

Jury Verdict Secured in Breach of Lease Dispute

Thompson & Knight secured a jury verdict in favor of an owner of an office building in a dispute involving a tenant's breach of a long-term lease. The defendants were accused of entering into a seven-year lease of space, abandoning the premises early, and failing to pay the remainder of the rent and building operating expenses. After a three day trial, the jury found in favor of the Firm's client.

Summary Judgment Obtained in Breach of Contract and Negligence Disputes

Thompson & Knight represented an excavating company in a lawsuit against a real estate company claiming breach of contract and negligence theories in two separate cases. The plaintiff claimed that our client improperly graded and excavated the property on which the plaintiff built homes. After obtaining summary judgment in favor of our client in one of the cases, the plaintiff nonsuited the other case.