Below is a sampling of cases we have handled. Click on a case title below to view an expanded case description: Apex Municipal Fund, Inc., et. al. v. N-Group Securities, Inc., et. al.; C.A. No. H-92-546; In the United States District Court for the Southern District of Texas Counsel for nine mutual funds managed by Merrill Lynch Asset Management, Franklin Advisers, Inc., and other mutual fund Plaintiffs in a suit alleging violations of federal and state securities laws arising out of the issuance and sale of $73,000,000 in Mortgage Revenue Bonds used to develop six private prisons in Texas. $84 million verdict for Plaintiffs. Judge Simeon T. Lake presiding. Case settled favorably. Avia Development Group, Inc., et al v. American General Realty Investment Corporation, et al.; No. 91-47852; In the 61st Judicial District Court of Harris County, Texas Counsel for Plaintiff in claims that Defendant breached its joint venture and contractual arrangements to develop air cargo facilities at the Newark and JFK airports. $309 million verdict for Plaintiffs. Judgment entered and verdict affirmed in all respects by intermediate Court of Appeals. Case settled favorably. Judge Shearn Smith presiding. Boyce Engineering International, Inc. v. McNair Energy Services orporation, et al.; No. 86-43560; In the 333rd District Court of Harris County, Texas Counsel for Plaintiff in claim that Defendant breached a joint venture agreement to develop cogeneration projects. $60 million jury verdict for Plaintiff. Judge Davie Wilson presiding. Case settled favorably on appeal. BMC Software, Inc. v. Peregrine Bridge Transfer Corp., Skunkware, Inc., Neon Systems, Inc., Wayne Fisher and John J. Moores; No. 95-10161; In the 200th Judicial District Court of Travis County, Texas Counsel for Neon and other of John J. Moore’s affiliated companies. BMC claimed damages exceeding $200 million resulting from Defendants’ alleged misappropriation of trade secrets. Defendants counterclaimed alleging antitrust violations. Judge Suzanne Covington presiding. After denial of Plaintiff’s Motion for Summary Judgment on Defendant’s counterclaims, case settled favorably. Corporate High Yield Fund, Inc. et. al. v. Coopers & Lybrand, et. al.; No. 97-325 (AJL); in the United States District Court for the District of New Jersey Counsel for five mutual funds managed by Merrill Lynch Asset Management in a suit alleging violations of federal and state securities laws arising out of the issuance of senior subordinated notes by Mid-American Waste Systems, Inc. Judge Alfred J. Lechner presiding. Case settled favorably for clients. Dawn Nelson v. John Williams, Jr.; Cause No. 1999-14151; No. 1999-14151; In the 311th Judicial District Court of Harris County, Texas The firm represented Mr. John E. Williams, Jr., named partner of the law firm Williams Bailey, L.L.P. In this highly publicized case, Mr. Williams’s ex-wife filed a bill of review action seeking to recover in excess of $10,000,000 from Mr. Williams arising out of monies he earned from representing the State of Texas in the tobacco case it filed against tobacco companies. After conducting substantial discovery, Mr. Williams obtained a summary judgment on all claims alleged against him. That result was affirmed by both an intermediate court of appeals and the Supreme Court of Texas. Judges David Warne and Judge Robert P. Walker, presiding. Gary Bogle, Ind., et al. v. Phillips Petroleum Company, et al.; No. 89-46055; In the 151st Judicial District Court of Harris County, Texas Counsel for Defendant The M.W. Kellogg Company in wrongful death and personal injury suits brought by Phillips employees arising out of the Phillips plant explosion in Deer Park, Texas in which twenty three employees were killed and a significant number injured. Client dismissed in all cases for zero settlement payment. Goodrich Leasehold, L.L.C. and Goodrich Drillers, L.L.C. v. Stone Energy Corporation and Stone Petroleum Corporation; No. 95-61313; In the 333rd Judicial District Court of Harris County, Texas The firm represented Defendants Stone Energy Corporation and Stone Petroleum Corporation in a suit seeking the recession of oil and gas contracts allegedly worth in excess of $10,000,000. Take nothing judgment entered in Stone’s favor following jury verdict against Goodrich on all claims. Judge Tad Halbach presiding. In Re Azurix Corp Securities Litigation, No: H-00-3493; In the United States District Court for the Southern District of Texas The Firm represented Azurix Corporation, an affiliate of Enron Corporation, in a series of class-action securities-fraud claims brought by individuals who purchased the company's stock in an initial public offering. The claims were dismissed by the trial court for failure to state a claim under the Private Securities Litigation Reform Act. The trial court's order was affirmed by the U.S. Fifth Circuit Court of Appeals. In Re First Republic Bank Securities Litigation; C.A. No. 88-0641-H; In the United States District Court for the Northern District of Texas Represented Defendant Morgan Stanley & Co., Inc. in a class action seeking damages in excess of $500 million. The case concerned allegations of negligence and securities fraud against Morgan Stanley in its role as financial advisor and underwriter to the Republic Bank-Interfirst Bank merger. Case settled favorably for Defendant. In Re Paracelsus Healthcare Corporation Securities Litigation; C.A. No. H-96-3464; In the United States District Court for the Southern District of Texas, Houston Division; and James G. Caven, derivatively on behalf of Champion Healthcare Corporation, a Delaware Corporation, and alternatively on behalf of himself and all others similarly situated vs. Charles R. Miller, et al.; C.A. No. H-96-CV-4291; In the United States District Court for the Southern District of Texas, Houston Division The Firm represented Dr. Manfred Krukemeyer, formerly Chairman and beneficial sole owner of Paracelsus Healthcare Corporation, in a series of shareholder class actions and derivative suits involving allegations of improper accounting and financial reporting in connection with the merger of Paracelsus Healthcare Corporation and Champion Healthcare Corporation. Subsequent to the merger, Paracelsus Healthcare Corporation, the surviving entity, was forced to restate a number of its financial statements. Lawsuits were filed in various jurisdictions, and the shareholder suits were ultimately consolidated in Federal District Court in Houston, Harris County. The derivative suit was also pending in the same court. After protracted litigation, the firm obtained a favorable settlement for Dr. Krukemeyer, including a buyout of his long-term employment agreement. In Re Sunpacific Energy Management, Inc., et al; Joint Case No. 394-36780-SAF-11; In the United States Bankruptcy Court for the Northern District of Texas, Dallas Division The firm served as counsel for Sunrise Gas Marketing, the debtor, against Northwest Pipeline and Williams Field Services. In a trial to the bench, the court canceled the gas transportation agreement and awarded Sunrise nearly $6,000,000 in lost profits. The case settled after the award was increased on appeal. Kern River Gas Transmission Company v. The Coastal Corporation, et al.; C.A. No. H-89-0904; In the United States District Court for the Southern District of Texas, Houston Division Counsel for Defendant Coastal in a suit by Tenneco and Northwestern Pipeline Company seeking injunction relief and damages against Coastal to prevent construction of an $800 million natural gas pipeline in the western United States. Injunction denied. Affirmed on appeal. Judge Kenneth Hoyt presiding. Merrill Lynch Global Allocation Fund, Inc., et al. v. NatWest Finance, Inc., et al.; Case No. MID-L-8457-99, In the Superior Courts of New Jersey and Connecticut Counsel for eleven mutual funds and private hedge funds in a securities fraud case against the underwriters and other parties involved in the issuance of $450 million in bonds by Nakornthai Strip Mill Public Company Ltd., a Thai steel company. Case settled favorably for clients. NEON Systems, Inc. v. New Era of Networks, Inc.; No. 109,470; In the 268th Judicial District Court of Fort Bend County, Texas Counsel for NEON Systems, Inc. against New Era of Networks, Inc. in a common law trade name infringement action. Jury found malicious infringement and awarded $14,000,000 in actual damages and $25,000,000 in punitive damages. After judgment was entered, the case settled favorably. Peggy Masterson Stinnett, et al. v. Colorado Interstate Gas Company v. Mesa Operating Limited Partnership; No. CA-2-92-78; in the United States District Court for the Northern District of Texas, Amarillo Division Counsel for Defendant in a suit by royalty owners against producer alleging underpayment of royalties, fraud, breach of fiduciary duty, and negligent misrepresentation. Pre-trial damages claims exceeded $400 million; demand at trial exceeded $61 million. Jury found that Plaintiffs were barred from pursuing their claims and that Plaintiffs' damages were less than $150,000. Based on jury verdict, the trial court entered a take-nothing judgment and entered a declaratory judgment on Defendants' behalf barring future claims. Judgment affirmed on appeal by the U.S. Fifth Circuit Court of Appeals. Petromax, Inc., et al. v. First City National Bank of Houston, et al.; In the 11th District Court of Harris County, Texas Represented Defendants in a lender liability case involving claims of $10 million in actual damages and $34 million in punitive damages. Verdict for Defendants on all liability issues; zero damages. Judge Mark Davidson presiding. Affirmed on appeal. The Port Authority of New York and New Jersey v. Arcadian Corporation; In the United States District Court for the District of New Jersey The firm represented Arcadian Corporation, a fertilizer manufacturer, in a suit brought in the name of the Port Authority by the Port Authority’s subrogated insurance carriers. The carriers sought to hold certain fertilizer manufacturers liable under a products liability theory for property damage sustained by the Port Authority as a result of the 1993 terrorist bombing of the World Trade Center. The World Trade Center’s repair costs totaled several hundred million dollars. The firm obtained a dismissal of the Port Authority’s claims against Arcadian and, in 1999, the Third Circuit Court of Appeals affirmed the dismissal. Quantum Chemical Corp. v. The M.W. Kellogg Company, No. 92-045328; In the 125th Judicial District Court of Harris County, Texas Counsel for Defendant/Counterclaimant The M.W. Kellogg Company in a suit where our client was sued for $260 million in actual damages, plus $400 million in exemplary damages for alleged defective plant and furnace designs. The M.W. Kellogg Company counterclaimed for misappropriation of M.W. Kellogg's trade secrets. No fraud and zero damages verdict for Plaintiff Quantum. $11.5 million verdict for our client, Defendant/Counterclaimant, on misappropriation damages claim. Judge Solomon Casseb presiding. Case settled favorably on counterclaim. Taita Chemical Co., Ltd. v. Westlake Styrene Corporation; No. 97-2374; In the United States District Court, Western District of Louisiana, Lake Charles Division The firm represented Westlake Styrene Corporation in a suit brought against it by Taita Chemical Co. seeking in excess of $20 million for an alleged breach of contract. The case was tried to a jury in Federal Court, Lake Charles, Louisiana. The jury determined that Westlake Styrene Corporation did not owe any money to Taita, and that instead, Taita owed $16.3 million (plus attorneys' fees and pre-judgment interest) to Westlake Styrene Corporation. A final judgment in excess of $20 million was entered in Westlake's favor in the Spring of 2002. The judgment was later overturned on appeal. Union Pacific Resources Group, Inc., et al v. Pennzoil Company; No.497-CV 509-Y; in the United States District Court for the Northern District of Texas, Fort Worth Division Counsel for Pennzoil Company as a target in a hostile $6.4 billion takeover attempt by Union Pacific Resources Group, Inc. The firm represented Pennzoil in the associated federal securities litigation and Delaware state court action. Client successfully resisted inadequate tender offer and Union Pacific abandoned and withdrew its offer. W.D. Hilton, et. al. as Trustees of the National Gypsum Corporation Asbestos Disease and Property Damage Settlement Trust v. Peter C. Browning, et. al.; Cause No. 95-0670-H; in the 160th District Court, Dallas County, Texas The firm represented Fidelity Management in this litigation which arose out of the bankruptcy of the National Gypsum Company. The Plaintiffs claimed more than $400 million in damages. Shortly after this firm was retained, we moved for and obtained final summary judgment on all claims for Fidelity. The case subsequently settled favorably. William A. Christian, et al. v. ICG Telecom Canada, Inc., et al.; No. 97-17777; In the 151st Judicial District Court of Harris County, Texas The firm represented Defendants ICG Telecom Canada, Inc., ICG Telecom Group, Inc., ICG Communications, Inc., Zycom Corporation, and Zycom Network Services, Inc. in a combined shareholder class action and derivative suit involving allegations of improper accounting and financial reporting, managed earnings, self-dealing, and minority shareholder oppression. The firm successfully prevented class certification, both at the district court level and through appeal, and the suit ultimately settled on favorable terms with insurance proceeds. Copyright© 2002 Gibbs & Bruns, L.L.P., Houston, Texas, Attorneys at Law. All rights reserved. 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