Cases
Experience: Representative Matters: Representation of national bank defending lending liability claims
prosecuting deficiency actions throughout Texas in federal
state court. Representative cases included defense of holder of notes for wrongful foreclosure
breach of fiduciary duty claims by loan servicer
of Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681 et seq., claims premised on erroneous reporting by mortgage servicer with potential exposure to over 900,000 mortgages.
Representation of investment consortium for breach of purchase agreement for collaterized mortgage obligations with a face value of $500,000,000.
Lead associate
trial counsel for Fortune 200 chemical company in a multitude of personal injury lawsuits pending in state
federal multidistrict litigation courts in which product, premises,
employer claims for exposure to asbestos are asserted. Paul has successfully resolved, for less than 1 percent of the settlement dem
s, hundreds of cases in which plaintiffs' aggregate dem
s exceeded $100 million. Lead counsel for national bank defending lending liability claims
prosecuting deficiency actions throughout Texas in federal
state court.
Lead associate
primary attorney h
ling defense of construction contractor in Dallas County for claims that plaintiff's multiple back surgeries, including 360 degree spinal fusion
intrathecal morphine pump, were necessary
were caused by a traumatic injury at worksite. Plaintiff dem
ed $3.4 million to settle his claims
the case was successfully resolved two weeks before trial for a confidential sum of less than 10 percent of plaintiff's original dem
.
Lead associate
primary attorney h
ling hundreds of claims for indemnity in product liability personal injury lawsuits filed in Arkansas for Canadian rubber manufacturer. Successfully obtained dismissals for client based on lack of personal jurisdiction.
Trial
appellate counsel for major chemical company that prevailed on summary judgment based on limitations for case in which plaintiff asserted lung cancer claims. Plaintiff's appeal based on the trial court's application
scope of the discovery rule currently pending in the Houston Court of Appeals.
Trial
appellate counsel defending petrochemical process engineering firm in a lawsuit filed in Harris County
appealed to the Houston Court of Appeals in which the appellate court reversed
rendered a take-nothing judgment in favor of client on the application
scope of the certificate of merit statute for design professionals.
Trial
appellate counsel defending a Fortune 500 retailer in a lawsuit in Bexar County
in the San Antonio Court of Appeals in which a 10-year-old default judgment in excess of $3.5 million has been challenged by bill of review. Oral arguments in the Supreme Court of Texas (No.10-1028) were held Jan. 11, 2012
the intermediate court of appeals opinion was reversed August 31, 2012.Represented client in parallel federal appeal which involved same claimant that was decided by the Fifth Circuit Court of Appeals. (Holding dismissals under Rule 56 are with prejudice to refiling ). Petition for Certiorari denied.
Represented numerous clients in business disparagement
defamation claims including those based on false statements made on websites, blogs
Google Maps reviews. Obtained injunctive relief ordering defendants to cease making false statements
search engines removed from their search indices.
Trial
appellate counsel in commercial dispute in which case was dismissed for client based on lack of personal jurisdiction
affirmed on appeal.
The above representations were h
led by Mr. Kerlin prior to his joining Greenberg Traurig, LLP.
