Here are some of the results we have achieved:
The Firm obtained a summary judgment for the real estate arm of a Fortune 10 company against a developer who claimed that "changed conditions" justified the removal of restrictions on a large tract that had been a golf course for over four decades. The Firm's client had imposed the restriction for the benefit of a planned community. The developer had sued to remove the restriction and the Court agreed that the developer was not entitled to relief. SKV obtained reversal in October 2008 of a temporary injunction entered in federal court against the City of Houston on the grounds that its sign ordinance violated the United States Constitution.
In 2010 the United States Supreme Court upheld the trial court's summary judgment rejecting the constitutional challenge on free speech grounds to the City's Sign Code. After the trial court initially declared the sign code unconstitutional, the City asked SKV to assume the representation. In response to arguments, the trial court reversed its previous ruling and upheld the constitutionality of the sign code, as did the U.S. Court of Appeals for the Firth Circuit. We represented in arbitration a large institutional client in a multi-million dollar suit against a national insurance company; settled in 2008 for tens of millions of dollars. Summary judgment in 2008 in federal court on behalf of a Fortune 500 technology company against plaintiff record promoters alleging defamation and misappropriation of likeness. Summary judgment in federal court for the region's largest hospital system in a suit seeking $20 million over failure to administer thrombolytic medication, affirmed by the Fifth Circuit on appeal.
Hired just four months before trial, SKV won $9 million in damages and a permanent injunction in a patent infringement case involving drag reducing agents in pipelines. The judgment was affirmed in all respects by the Court of Appeals for the Federal Circuit. Co-counsel in a $211 million judgment against a Fortune 500 corporation in a commercial case tried to a jury in North Texas, subsequently resolved. Successful defense in Alaska federal court and the Ninth Circuit Court of Appeals of a $100 million lawsuit between two Fortune 100 energy companies over an AMI agreement covering oil and gas leases. A $25 million recovery plus $3.5 million in attorney's fees for 1,900 former employees in a class action against a Fortune 500 company brought under the Employee Retirement and Income Security Act (ERISA). Dismissal of a federal class action securities case against a closed-end mutual fund. A multimillion dollar settlement for investors after a week in trial against a utility holding company over the failure of a gas marketing venture. A defense judgment in a significant patent infringement suit; the patent found unenforceable because of inequitable conduct. A multimillion dollar recovery in a False Claims Act and wrongful termination case against a Medicaid provider. Successful trial in federal court in Oklahoma finding wrongful denial of coverage by an insurance company. A confidential multimillion dollar settlement for an oilfield services company from a New York financial institution arising out of a disputed equity derivative transaction. An injunction declaring a Texas statute unconstitutional. Successful jury trial on behalf of an independent oil and gas company finding breach of operating agreement by a larger company, subsequently settled. In a case of first impression interpreting a recently passed Texas statute, representation of a major Texas medical center institution in an injunction proceeding in which a patient's representatives attempted to force the patient's physicians and nurses to keep the patient alive, even if medical treatment would be futile to effect medical improvement. Summary judgment in Texas state court for a national mall developer accused of tortious interference by a national theater chain in connection with the siting of a Houston theater. Summary judgment in Texas state court and the Court of Appeals for an international technology licensing firm sued for contribution in connection with the failure of a catalyst cooler at a fluid catalytic cracking unit. Summary judgment in Texas state court for a firm accused of various "toxic torts" at Louisiana petrochemical facilities; all other defendants settled. Summary judgment for a lead pigment supplier in a suit brought by a school district seeking lead paint remediation, affirmed by the Court of Appeals, which led to voluntary dismissals of four other cases around the State of Texas. Substantial but confidential settlements in various cases, including contract, mass tort, and insurance bad faith claims. Summary judgment in 2007 in state district court for a national bank defendant against a medical center developer on claims of tortious interference, breach of confidentiality and negligence arising out of the bank's due diligence investigation. Successful oral argument in 2007 in the Texas First Court of Appeals upholding a summary judgment dismissing all common-law and statutory claims of breach of contract, fraud, and negligence in a case alleging approximately $400 million in actual damages plus additional punitive damages for purported design problems in a catalytic cracking unit. |