Cases
Experience: Representative Matters: Representation of industrial gas supplier in Texas MDL in connection with the January 24, 2020, explosion in Houston, Texas.
Representation of HMO in a series of cases of first impression relating to reimbursements owed to emergency room
hospital providers under the Affordable Care Act
Texas law, including reimbursements owed under the new Texas arbitration process adopted as part of SB 1264.
Representation of multiple employers
businesses in trade secret
covenant not to compete cases, including cases involving the inevitable disclosure doctrine
device turnover orders.
Representation of engineering, procurement
construction company alleging underpayment of wages to defense contractors supporting the U.S. mission in Afghanistan based on the application of the Afghan Labor Code.
Representation of software company in copyright
trade secret dispute involving former employees who launched a competing business.
Representation of IRA custodian in dispute relating to the sale of fractional interests in life settlements.
Representation of microprocessor company in dispute relating to alleged misrepresentation about product compatibility on company website.
Representation of industrial agriculture company in failed sale of mill, including claims of fraud against buyer
buyer's counsel.
Representation of technology company seeking to enforce oral agreement to allow business access to web-based operating portal.
Representation of insurance broker in connection with professional negligence claim related to coverage of Mexican factory explosion.
Representation of LLC owner
manager of start-up company in shareholder oppression
fiduciary duty litigation.
Representation of talent
evert promoter in breach of contract claim against well known television personality.
Representation of franchisors in franchisee termination litigation.
Representation of hospital capital company is business divorce dispute involving termination of joint venture to build new hospital complex.
Representation of restaurant company in strict liability litigation involving the sale of adulterated food.
Representation of IT company in litigation involving data security breach.
Representation of provider of telecommunications services against claims of tortious interference asserted by a competitor over state bidding processes
involving application of Texas SLAPP statute regulating Strategic Litigation Against Public Participation.
Representation of a major real estate company in litigation with tenant-in-common (TIC) owners over a failed investment in a mixed-used property in Texas, involving derivative
direct claims for breach of fiduciary duty, fraud,
negligent misrepresentation.
Representation of a major technology component parts provider in products liability litigation brought by two manufacturers of consumer appliances in connection with claims involving quality
safety defects in millions of products.
Representation of a major manufacturer of air conditioners
heat pumps against component parts supplier in products liability litigation involving failure to comply with specifications.
Representation of an international steel provider in domestic UCC dispute involving alleged failure to comply with contract specifications
timing requirements
the failure to pay for the delivery of goods.
Representation of a minority owner in a Kuwaiti calciner project in ICC arbitration in Switzerl
involving claims of corporate governance
the alleged improper removal of another owner from the project.
Representation of a provider of red light camera technology in a class action lawsuit alleging the unlicensed practice of private investigation. All individual
class claims were dismissed for failure to state a claim
dismissal affirmed on appeal.
Representation of hospital capital partner in trademark
unfair competition litigation against hospital group.
Representation of a surety company in connection with complex construction defect litigation arising out of failure of several gas processing plants in Louisiana. After a five month jury trial, client
contractor obligee obtained multimillion dollar jury verdict on various breach of contract, quasi-contract,
tort claims. The verdict was named as the second most significant jury verdict for 2006 by the publication Verdict Search.
Representation of a major manufacturer of fiber optic connectors for the military multiple proceedings against former officers, directors,
shareholders of the company alleging, among other things, theft of trade secrets, violations of the Computer Fraud
Abuse Act, breach of fiduciary duty, tortious interference with contract,
breaches of certain representations
warranties contained in a stock purchase agreement.
Representation of various minority shareholders in corporate governance litigation arising out of sale of two Texas closely held limited liability companies.
Representation of an individual in tortious interference claim against California company in connection with claims of interference with existing
prospective business relations.
Representation of various companies in front of AAA (American Arbitration Association) arbitration panels in Florida
Utah in connection with various business tort claims, including unfair competition, tortious interference, fraud
violation of various state
federal laws governing the issuance of franchise licenses.
Representation of major employer in connection with class action Fair Labor St
ard Act case
obtained agreed decertification of class following substantive stage two decertification briefing.
Representation of major computer memory manufacturer in litigation in state court in Idaho against former President
General Manager of the company alleging, among other things, theft of trade secrets, breach of fiduciary duty, conversion
tortious interference with prospective economic advantage arising from the officers' establishment of a competing venture.
Representation of Texas investment company in three lawsuits pending in federal court in Texas
New York for, among other things, breaches of the terms of several investment agreement
related transaction documents, fraud, deceptive trade practices, civil conspiracy
tortious interference with contract resulting from a cancelled business relationship with a major New York investment company.
Representation of numerous employers
unions in various age discrimination
sexual harassment lawsuits.
Representation of a group of approximately 65 orthodontists in multi-state litigation involving over 35 lawsuits pending in various federal
state courts in multiple states against a practice management company alleging, among other things, breach of contract, violations of various states' Dental Practices Acts, fraud,
deceptive trade practices in connection with the performance of the company under certain service agreements, asset purchase agreements, employment agreements,
other related transaction documents.
Representation of numerous insurance companies in first
third party insurance litigation in a variety of different types of policies, including CGL, D&O, fidelity, construction, motor vehicle, commercial tracking,
errors
omissions policies.
Representation of numerous national insurance companies
plan administrators in employee benefit
fiduciary duty litigation under ERISA.
Representation of a large commercial trust company in litigation against the State of Florida in connection with breach of fiduciary duty claims arising out of the management of a trust account established by an alien surplus lines company under NAIC rules to conduct business in the United States.
Representation of various construction companies in litigation relating to the applicability
enforceability of contractual indemnity
contribution agreements.
Representation of a major owner of apartment complexes in negligence
breach of contract claims brought by tenants.
Representation of a national company that writes
owns structured settlement agreements against claims of tortious interference
unfair business practices brought by a major factoring company.
Reported Cases: In re: January 24th Explosion Litigation, Texas JPMDL Docket No. 21-0093. Led a multi-disciplinary team in the defense of industrial gas suppliers in mass tort suit arising from an industrial explosion involving approximately 2400 claimants.
Dallas Medical Center, LLC et al. v. Molina Healthcare of Texas, Inc., 2021 WL 5071830 (Tex. App. - Dallas 2021). One of multiple lawsuits where court dismissed claims by medical providers against HMO alleging insufficient reimbursements for out of network emergency services
concluding such claims are not cognizable in Texas.
Retail Services WIS Corp. v. Crossmark, Inc., 2021 WL 1747033 (Tex. App. - Dallas 2021). In a significant case defining the scope of trial court's authority to order a device turnover in trade secret litigation lawsuits, court substantially narrowed scope of injunction
refused to enforce device turnover order as drafted.
Cerber Property s. Z.O.O. SKA v. Texas Instruments Inc., 2020 WL 1309087 (N.D. Tex. 2020). District Court granted motion to dismiss fraud claims based on failure to properly plead scienter after multiple opportunities to replead.
Stover v. ADM Milling Co., 2018 WL 681561 (Tex. App. -- Dallas 2018). Court affirmed jury award of actual
punitive damages against buyer of commercial property, its owners,
their counsel for fraudulent inducement based on exceptions to attorney immunity doctrine
alter ego theories.
Third Eye, Inc. Four Winds Interactive, LLC, 2018 WL 3135913 (N.D. Texas 2018). District court dismissed claims of plaintiff seeking an injunction based on allegations of trade secret misappropriation based on lack of personal jurisdiction.
Allen v. Fluor Corp., 2017 WL 2618821 (N.D. Tex. 2017). In a case of first impression, court dismissed putative class action lawsuit of former employees of defense contractor seeking unpaid wages under the Afghan Labor Code for time spent supporting the US mission in Afghanistan.
In re: Hesed Enterprises, LLC, 2017 WL 4457434 (N.D. Bank. 2017). In a significant case regarding manipulation of the bankruptcy process, Bankruptcy court dismissed bankruptcy filing for bad faith
sanctioned attorney who opened the proceeding.
LaBar v. ABC Medical Holdings, Inc., 2014 WL 1714468 (N.D. Tex. 2014). Court dismissed plaintiffs' lawsuit based on forum non conveniens.
Gulf Liquids New River Project, LLC v. Gulsby, 356 S.W.3d 54 (Tex. App. -- Houston [1st Dist.] 2011). In a significant construction litigation dispute, court affirmed surety company's declaratory judgement of project's owner breach thereby entitling surety to a non-liability finding
attorneys' fees.
Bell v. Redflex Traffic Systems, Inc., 374 Fed. Appx. 518 (5th Cir. 2010). In a case of first impression, Fifth Circuit affirmed a dismissal with prejudice of a putative class's claims against provider of red light camera technology alleging violation of Texas Private Investigator Act.
In re Tiffany Cooper, 2009 WL 3766428 (Tex. App. -- Dallas 2009). In a significant case defining a trial court's limitations in imposing residency restrictions on divorcing parents, obtained m
amus relief preventing the district court from requiring divorcing spouse to give up employment in North Carolina
return to Texas during pendency of litigation.
Roehrs v. FSI Holdings, Inc., 246 S.W.3d 796 (Tex. App. -- Dallas 2008). District court confirmed arbitration award for breach of purchase agreement
rejected novel claims of arbitrator bias
misconduct.
Church v. Kare Distribution, Inc., 211 Fed. Appx. 278 (5th Cir. 2006). In a case of first impression, Fifth Circuit affirmed a dismissal with prejudice of employee's claims for national origin
race discrimination based on employer's purported policy requiring employees to be bilingual in Spanish
English.
Hartford Casualty Insurance Company v. Executive Risk Specialty Insurance Company, 2004 WL 2404382 (Tex. App. -- Dallas, Oct. 28, 2004). In a case of first impression, appellate court reversed the trial court's summary judgment order
rendered judgment in favor of client in dispute regarding what constitutes 'other insurance' for purpose of allocating insurance coverage.
Royal Insurance Company of America v. Hartford Underwriters Insurance Company, 391 F.3d 639 (5th Cir. 2004). Obtained summary judgment at the district court level on behalf of insurer in a case regarding the application of competing 'other insurance' clauses. In a l
mark case regarding the application of such clauses, the Fifth Circuit reinterpreted Texas law to find a conflict in such provisions in almost every case.
In re OrthAlliance, Inc. Contract Litigation, 350 F. Supp. 2d 1354 (J.P.M.L. 2004). Represented approximately 65 clients before the judicial panel on multidistrict litigation
successfully prevented the consolidation
transfer of numerous cases to the forum of the opponent's selection.
Robert C. Penny et al. v. OrthAlliance, Inc., 255 F. Supp. 2d 579 (N.D. Tex. 2003). In a case of first impression, obtained summary judgment on behalf of a group of Texas orthodontists on the grounds that 20 year service agreements between orthodontists
a practice management company violated the prohibition on the corporate practice of dentistry contained in the Texas Dental Practices Act. Obtained similar rulings in California, Washington,
Oregon.
Prieto v. John Hancock Life Insurance Company, 132 F. Supp. 2d 506 (ND Tex. 2001). Successfully defended the district court's order granting clients' motion for summary judgment based on statute of limitations in a significant case regarding 'vanishing premium' life insurance policies.
Some of the above representations were h
led by Mr. LaVigne prior to his joining Greenberg Traurig, LLP.
Noteworthy Experience: Assistant District Attorney with the Lawyers on Loan program -- over 30 jury
bench trials
Associate, Locke Liddell & Sapp, Dallas office, August 2000 - February 2005
Intern, U. S. Attorney's Office for the Western District of Texas, August 1998-November 1998
