NOTABLE CASES
Bell Nunnally Team Secures Multi-million Dollar Settlement for Solar Energy Renewable Labor Supplier Partners Saba Syed and Perrin Fourmy with Associate Catherine Baldo secured a settlement of $2.61 million on behalf of a solar energy renewable labor supplier for a 2,000-acre solar farm installation project in Anson, Texas. After inheriting this multi-party case from prior counsel at another law firm, Bell Nunnally aggressively litigated this matter on behalf of the client and secured a decisive win excluding an expert witness and defeating the general contractor’s motion for summary judgment and summary motion for lien removal under Chapter 53 of the Texas Property Code. The general contractor and surety agreed to settle within an hour of receiving the ruling. Bell Nunnally secured a settlement with the remaining two parties within one week of securing the win. Bell Nunnally Succeeds at Trial on Behalf of Commercial Landlord in Case Stemming from COVID-19 Shutdowns Partner Kartik Singapura and Associate Laura Lavernia represented Bitters JSEL, a commercial landlord and real estate investor, in a lawsuit against one of the largest franchisee operators (tenant) in the country and its owner (guarantor) in a breach of lease case. After the defendants abandoned the operation of an El Pollo Loco restaurant in San Antonio, Bitters JSEL signed a replacement tenant for the location and sought recovery of the difference in value between the two leases. The defendants claimed Bitters JSEL’s decision to sign a replacement tenant rather than agree to a rent abatement during COVID-19 shutdowns constituted a failure to mitigate damages. After a bench trial in the 224th Judicial District, Bexar County, Texas, the court found the tenant and guarantor in breach of contract and held them jointly and severally liable for damages and attorneys’ fees, totaling over $1.1 million.
Bell Nunnally Represents Financial Services Company in Significant Restrictive Covenant Litigation
Managing Partner Chris Trowbridge, Senior Associate Reid Burley and Associate Meredith Palmer represented a financial services company as lead trial counsel in significant restrictive covenant litigation involving the departure of three high-level sales representatives. These representatives left our client’s company and transferred millions of dollars under management to their new place of employment. Bell Nunnally successfully obtained a temporary restraining order and expedited discovery. The case is set for arbitration. Bell Nunnally Scores Appellate Win, Secures Dismissal of Clients from Lawsuit for Lack of Personal Jurisdiction Partner Kartik Singapura and Senior Associate Josh Fuller secured an appellate victory in the case of Cimiano v. Halberstam; No. 02- 23-00127-cv at the Court of Appeals, Second Appellate District of Texas at Fort Worth. The appellate court’s decision resulted in the dismissal of the clients from the lawsuit on the grounds of lack of personal jurisdiction. In Cimiano v. Halberstam , the plaintiffs had sued the out-of-state residents for fraudulent transfer. The defendants, represented by Bell Nunnally, filed a special appearance, arguing that the trial court lacked jurisdiction over their persons. The court of appeals affirmed the trial court’s decision in the client’s favor on the special appearance in all respects. Bell Nunnally Team Defeats Injunction Bid, Paving Way for Artist’s Album Release Partners Brent Turman and T.J. Hales and Associate Meredith Palmer successfully fended off a request for preliminary injunction in a matter related to the music of a prominent deceased musical artist. The defendants, whom the estate has claimed are interlopers attempting to unlawfully profit from the artist’s music, sought a preliminary injunction to prevent the estate from releasing music written and performed by the artist during his lifetime. One of the defendants claimed he was a producer because he helped with recording sessions of one of the to-be-released songs. The court denied the defendants’ request and found that the defendants did not proffer evidence of co-authorship, among other things. Accordingly, the estate was able to release an album, which skyrocketed up the Apple Music charts for the respective genre.
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