Bell Nunnally Represents Chemical Solutions Company in Successful Defense of Unpaid-Wage Suit Partner Mark Shoffner, Senior Counsel Christian Cowart and Senior Associate Josh Fuller secured a favorable outcome for Argyle, Texas-based chemical-solutions company BPS Just Energy Technology, LLC in parallel litigation in Midland County and Tarrant County. BPS’s former CEO had sued the company, claiming unpaid wages and bonuses totaling more than $600,000. The Bell Nunnally team first obtained an order granting a plea in abatement in the Midland County case, forcing the plaintiff to proceed only with the earlier-filed Tarrant County case stemming from the plaintiff’s appeal of an adverse Texas Workforce Commission decision. However, following this development, the plaintiff nonsuited his six-figure claims in both lawsuits, concluding the litigation. Bell Nunnally Represents Texas-Based Financial Institution Against Allegations of Age Discrimination Partners Mark Shoffner and Sydnie Shimkus successfully represented a Texas-based financial institution against allegations of age discrimination. A former branch manager alleged that he was terminated on the basis of age in violation of the Texas Labor Code and filed suit in Travis County, Texas. In support of its motion for summary judgment, the client provided evidence that it had disciplined the employee over the course of several years for violations of bank policy and procedures and that the termination was based on a legitimate, nondiscriminatory reason. Bell Nunnally Secures More Than $3.16M Arbitration Award for Solar Energy Construction Contractor Partners Saba Syed, Perrin Fourmy and T.J. Hales and Associate Catherine Baldo secured a final arbitration award of more than $3.16 million for our client, a solar energy construction contractor. The plaintiff, an engineering, procurement and construction (EPC) contractor, pursued legal action for breach of contract and performance bond claims against our client, seeking more than $17 million in damages. However, the Bell Nunnally team asserted its own vigorous defenses and counterclaims. Bell Nunnally defeated numerous damage claims at arbitration. This included completely invalidating an $11.4 million claim for liquidated damages as an unenforceable penalty. Despite being sued as the defendant, our client paid zero dollars in damages to the EPC contractor, and instead recovered over $3.16 million following the final arbitration award.
Bell Nunnally Achieves Complete Dismissal with Anti-SLAPP Motion in Defense of Dental Practice
Partner Brent Turman and Associate Laura Lavernia secured the complete dismissal of claims against clients Dr. Miguel Ortiz, DMD, Prosthodontist, and his dental practice. Kenneth Wilstead a/k/a “Dr. Kenny Smiles” sued Dr. Ortiz for business disparagement and invasion of privacy stemming from a series of Instagram live videos in which Dr. Ortiz invited Wilstead to a debate regarding Wilstead’s use of allegedly unethical and extreme orthodontic procedures. Based on publicly available information, the Bell Nunnally team rebutted Wilstead’s claims by informing the court of a likely and entirely unrelated basis for why Wilstead’s business had declined: his character and practices had been called into question by some of his current and prospective female patients, including allegations of sexual harassment and degrading interactions. Brent and Laura filed Chapter 27 Anti-SLAPP Motion to Dismiss, which the court granted in its entirety following a lengthy evidentiary hearing in Dallas County. After the Judge’s order, Wilstead also paid all attorneys’ fees incurred by Dr. Ortiz and his practice. Bell Nunnally Files First Texas Business Court Case in State History Led by Partner Heath Cheek, Senior Associate Nathan Cox and Associate Jason Elgersma, Bell Nunnally filed the first-ever case in the newly-formed Texas Business Courts. The story was featured in Texas Lawbook, Law360, Texas Lawyer and Bloomberg Law . The lawsuit involves an over $15 million damages claim arising out of a contract to construct a 38 mile fiber-optic cable project in Maryland and Virginia. The Texas Business Court is a statewide, specialized trial court created to resolve certain complex business disputes. It is the result of legislation passed by the Texas Legislature with the intent of more swiftly and effectively adjudicating business disputes and aligning the state with pro-business jurisdictions with business courts in place, such as Delaware. The Business Court became operational on September 1, and Heath and Nathan filed their case as soon as the court’s portal opened.
“Throughout our 40+ year history, Bell Nunnally has been at the leading edge of sophisticated complex litigation in Texas, and we look forward to pioneering this important new court system for all persons who seek to do business in Texas,” Heath said.
In the Law360 article “Construction Disputes Mark Opening Of Texas Biz Court,” Heath noted that, for this inaugural matter, the Business Court and its process would likely be mutually beneficial to both sides in the dispute, “We thought this was just a perfect case to be heard before the business court, not just for us, but we feel like both sides will benefit from it. How [the court] structured and how it’s set up to deal with this — quicker decisions, getting reasoned awards, written decisions rather than just pro forma one- line decisions like you normally get in state court … we just felt like the structure was better.”
The Travis County District Court granted summary judgment and dismissed the claims with prejudice. On appeal, after full briefing, the Texas Third Court of Appeals in Austin issued an opinion and affirmed our client’s victory.
Bell Nunnally Trial Team Defends Infrastructure Contractor in Negligence Jury Trial Partners Heath Cheek, Saba Syed and Beverly Whitley with Senior Associate Nathan Cox and numerous firm associates defended a Fortune 1000 infrastructure contractor in a Dallas County jury trial involving claims of negligence and negligent supervision. The plaintiff – a large gas-processing plant in West Texas – alleged that Bell Nunnally’s client negligently constructed a power line feeding the plant. The defense relied upon complex electrical engineering expertise to demonstrate that the damage to the plant was not caused by the power line. After a five-year long battle including a removal and then subsequent remand to the Texas Public Utilities Commission, the case ended via settlement on the second day of trial shortly after the Bell Nunnally team’s cross-examination of plaintiff’s primary liability expert.
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