Economic Damages / Lost Profits

Litigation Engagements

• 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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