5th District Court of Appeals

Law Offices of Brad Jackson Wins Judgment Against City of Dallas

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Experienced business litigation attorneys Brad Jackson and Cheryl Mann, assisted by associate attorney Patrick Fang, all of Dallas’ The Law Offices of Brad Jackson, have won a judgment of more than $656,000 against the City of Dallas in a real estate dispute over a strip of valuable land along Mockingbird Lane. With the addition of prejudgment interest, the total amount due under the judgment exceeds $850,000.

Mr. Jackson and Ms. Mann successfully represented real estate developer 6101 Mockingbird, LLC in the lawsuit after the City of Dallas demanded a 10-foot strip of land as a condition of approving the owners’ request for a plat to permit the redevelopment of two adjoining lots, which the company argued was an “illegal taking.”

Mr. Jackson and Ms. Mann defeated the city’s attempts to have the case dismissed by winning a key ruling from the Fifth Court of Appeals in Dallas that cleared the way for a trial.

Judgment Includes Actual Damages, Attorneys’ Fees

The trial’s first phase was conducted in September when the court found that the city was liable to the company for taking the land. The damages phase of the trial occurred in December, with a final ruling issued in favor of Mr. Jackson’s and Ms. Mann’s client on December 23.

In the final judgment, Hon. Judge Juan Renteria of County Court at Law No. 5 ordered the City of Dallas to pay $327,603 in actual damages plus prejudgment interest of 7 percent beginning Dec. 2, 2015. The city was additionally ordered to pay $328,617.50 in attorneys’ fees and approximately $25,000 in fees for expert witnesses. If the city unsuccessfully appeals the case, it will be liable for 6101 Mockingbird’s appellate attorney fees, potentially totaling nearly $100,000.

 

Thanks from The Law Offices of Brad Jackson for a Wonderful 2019!

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The Law Offices of Brad Jackson would like to thank all of our friends for a memorable 2019 as we recap some of the firm’s more notable events before welcoming in the New Year.

Firm founder Brad Jackson started off the year by helping our clients defeat a $100,000 fraudulent transfer claim in a business dispute heard in Dallas district court. In an interesting twist, the case’s most important documents were written in Hebrew before being translated to English. We also had to rely on a translator because the people who unsuccessfully sued our clients spoke only Vietnamese.

Less than a week later, The Law Offices of Brad Jackson secured a summary judgment in another Dallas district court as part of a $2 million dispute over a business contract. In addition to ruling completely in our favor, the judge ordered our clients’ former business partner to pay their court costs.

We also had success in the Fifth Court of Appeals in Dallas after the court ruled in favor of our clients in a real estate dispute with the City of Dallas over $300,000 in contested property. In a completely different type of case, Brad also helped a homeowner couple win a $1 million arbitration award after the roof of their multimillion-dollar home failed and caused extensive damage.

Law Offices of Brad Jackson 2019 Professional Honors

We couldn’t wrap up the year without noting that The Law Offices of Brad Jackson once again was named to the annual Best Law Firms list based on our work for clients in business disputes. Brad also earned repeat honors as one of the Best Lawyers in Dallas in D Magazine in addition to being named one of the state’s best in the annual Texas Super Lawyers list and one of the tops in the nation in the latest edition of The Best Lawyers in America.

Thanks again to all our friends, family and clients for making the past year so memorable for everyone here at The Law Offices of Brad Jackson. We look forward to continuing our work during 2020 and keeping everyone up to date on the latest news here at the firm. Happy New Year!

 

 

 

 

Brad Jackson Wins Second Favorable Judgment in a Week

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business litigation

The Law Offices of Brad Jackson recently scored our second big business litigation victory in less than a week by winning a summary judgment for two clients in a multimillion-dollar contract dispute. The decision issued in Dallas district court followed our successful defense of another client in a $100,000 fraudulent transfer claim.

The most recent ruling stems from a lawsuit that was filed against our clients by their former business partner, who claimed he was wrongly fired. Brad won that case in a summary judgment that protected our clients from more than $1 million in alleged damages.

The former partner responded by filing an appeal with Dallas’ 5th District Court of Appeals. Brad won the appeal last year when the court confirmed that our clients’ former partner was owed nothing and ordered him to pay for the costs of the appeal.

Despite the clear loss, the business partner and his attorneys were not done trying to force our clients to pay him something.

Fired Partner Argues for Stock Buyback

After he was fired, the former partner claimed that a contract among the owners obligated our clients to purchase his company stock, which he claimed was worth roughly $2 million. The Court initially denied summary judgment motions from both sides before scheduling a jury trial for last October to decide the contract dispute.

Prior to the trial, Brad helped convince the Court that an interpretation of the partners’ agreement should be determined by the Judge as a matter of law. The trial was postponed so both sides could brief the Court on the disputed issues.

Court Agrees with Brad Jackson in Ruling

In his brief, Brad argued that the contested contract did not include an obligation for our clients to buy back their former partner’s stock. Instead, Brad told the Court that the contract created an option for them to buy the stock if they chose to do so.

After considering arguments from both sides, the Court agreed with Brad and issued a final judgment representing a complete victory for our clients.

In the decision, Presiding Judge Maricela Moore of Dallas’ 162nd District Court ruled in our clients’ favor by granting both our previous and current summary judgment motions. In addition to awarding the business partner zero damages, the ruling also requires him to pay our clients’ court costs.

Although the former partner has lost multiple summary judgment decisions and appeals court rulings, he already has indicated that he intends to appeal this latest loss as well. Of course, we will continue to defend our business litigation clients and protect their legal rights through the appellate process.

Brad Jackson Earns Spot on 2018 Texas Super Lawyers List

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attorney, Texas Super Lawyers, commercial litigation, Brad Jackson

Experienced attorney Brad Jackson of the Law Offices of Brad Jackson in Dallas has earned his 15th consecutive selection among the state’s best on the exclusive Texas Super Lawyers list.

Mr. Jackson, who is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization, is recognized in the 2018 listing for his accomplishments in business litigation. His selection is based on nominations from other attorneys and an extensive editorial review conducted by Super Lawyers, a division of Thomson Reuters.

Recent Legal Successes

Last month, Mr. Jackson and fellow firm attorney Cheryl L. Mann successfully represented a group of business owners in a partnership dispute where their company’s former president sought more than $1 million.

In a 15-page opinion, the 5th District Court of Appeals in Dallas affirmed an earlier summary judgment that Mr. Jackson won for the same clients, clearing them of allegations of breach of fiduciary duty, conspiracy, and misappropriation and conversion of corporate funds.

Earlier this year, Mr. Jackson and Ms. Mann successfully defended a group of seller and business broker clients in a lawsuit over the sale of an insurance agency. The plaintiffs sought more than $3 million but decided to dismiss their claims after only three days of trial. They also agreed to pay $200,000 to one of the firm’s clients.

Attorney Provides Civil Litigation Expertise

These are just two examples of the many types of cases Mr. Jackson handles for companies and individuals from all walks of life. He represents both plaintiffs and defendants in state and federal courts throughout Texas and across the U.S.

In addition to serving as lead counsel in the firm’s cases, Mr. Jackson also is regularly called on by other lawyers and out-of-state clients for his advice and legal expertise. He maintains strong working relationships with lawyers and judges in North Texas and beyond.

Based in Dallas, The Law Offices of Brad Jackson provides decades of experience representing clients in Texas and across the nation. Brad Jackson is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. The firm handles practically every type of business dispute, as well as cases involving high-stakes divorce litigation, serious personal injury and wrongful death.

Law Offices of Brad Jackson Wins Appeal in $1M Partnership Dispute

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Last week, the 5th District Court of Appeals in Dallas affirmed an earlier summary judgment won by The Law Offices of Brad Jackson in a $1 million dispute partnership dispute.

While Brad Jackson and Cheryl Mann are best known for their work helping plaintiffs and defendants at the trial level, this case demonstrates their ability to make those results stand up if the case reaches the court of appeals.

Partnership Turns Into Lawsuits

The dispute began in 2012 when our clients voted to remove their business partner (who was a fellow shareholder) as president of a Dallas-based company that manufactures printed labeling for various products.

The business partner responded by filing a lawsuit, which he later dismissed, nonsuiting all his claims. He continued to threaten our clients and sent a letter indicating that he intended to file a new lawsuit. We responded by filing our own lawsuit for declaratory judgment seeking a court declaration that our clients had acted appropriately in dealing with the terminated partner, who then launched a series of counterclaims seeking more than $1 million in damages from our clients.

In addition to asking the court to appoint a receiver to oversee the company, the business partner also accused our clients of breach of fiduciary duty, conspiracy, and misappropriation and conversion of corporate funds, allegations that our clients denied.

We also prevailed in a mid-case appeal after the trial court refused to dismiss an out-of-state client (one of our clients’ relatives), who was also sued. The appellate court agreed with us and dismissed the relative from the lawsuit.

After contentious litigation in the partnership dispute (including a series of depositions, court motions and hearings) the trial court issued a summary judgment in our clients’ favor in late 2016. The court’s ruling dismissed all claims against our clients and granted a declaratory judgment that helped them avoid a costly trial. In the final judgment, the court concluded that our clients were within their rights to terminate the partner as president of the company.

We Know How to Handle Legal Appeals

After losing in the trial court, the terminated partner went on to file an appeal at the 5th District Court of Appeals based on 13 different areas where he claimed the trial court had erred.

In oral arguments before the appeals court, Brad Jackson defended the trial court judge’s reasoning and successfully argued that none of the terminated business partner’s claims should withstand legal scrutiny.

The 5th District Court of Appeals agreed in a 15-page opinion that affirmed the trial court in full and ordered the terminated business partner to pay for the costs of the appeal.

Good Companies Not Immune from Lawsuits

Lawsuits like this one shouldn’t happen to honest people who are trying to operate a successful business, but a partnership dispute is more common than you might think. Even though they were in the right from day one, our clients still faced the potential of over $1 million in damages.

Thankfully, they were protected by the law and we were able to prove it at both the trial and appellate level based on the facts and our many years of work in similar cases.

In the end, our clients are grateful they can now continue to operate their company without the distractions that caused them to remove their former partner as president in the first place.

 

Behind Dallas Appeals Court’s $288 Million Ruling Against Credit Suisse

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appeals court, dallas, ruling

A verdict of nearly $40 million issued four years ago in Dallas recently was affirmed as a $288 million judgment against Swiss banking giant Credit Suisse. Of course, as with most legal appeals, the story continues.

The case over a failed Las Vegas real estate deal ended its current local run with the recent 35-page ruling authored by Justice Elizabeth Lang-Miers of the 5th District Court of Appeals in Dallas.

The next stop apparently will be in Austin at the Supreme Court of Texas since Credit Suisse almost immediately announced its intention to appeal.

Failed Deal Leads to Vegas-sized Judgment

The ruling addresses Credit Suisse’s failed attempt to void the original 2014 verdict and eventual judgment in favor of the Dallas investment firm Highland Capital Management. Jurors awarded $40 million against Credit Suisse after finding the company duped Highland into investing $250 million to help refinance a Las Vegas resort.

When Lake Las Vegas went belly up as part of the 2008 financial crisis, Highland sued based on allegations that Credit Suisse knowingly manipulated the property’s perceived value by relying on a faulty appraisal, among other claims.

Even though the state district jury in Dallas agreed with Highland, the case continued to go through additional legal wrangling. The trial court eventually approved the verdict amount and signed a 2015 judgment for more than $288 million after ruling that Highland was owed additional damages beyond the $40 million jury award.

Why Appeals Cases Take So Long

With a jury verdict, court judgment and favorable appeals court ruling, some might think Highland is about to pocket a hefty chunk of change. Not so fast. In the land of appeals, as this case perfectly illustrates, the devil is in the details.

In every Texas case when a trial court enters a judgment where money is awarded, the losing party can post a court-approved supersedeas bond or cash deposit to cover the amount.

By doing so, companies such as Credit Suisse can prevent winning parties like Highland from enforcing a judgment while the case is on appeal. Like a lot of big companies, Credit Suisse can find $288 million between its couch cushions, which is one of the many reasons why appeals can take so long to resolve.

Now that Credit Suisse has announced its intention to appeal to the Texas Supreme Court, and since it can appeal to the U.S. Supreme Court in the event of an adverse ruling, it may be years before this legal saga reaches its eventual end.

Although the legal profession strives to uphold the idea that “justice delayed is justice denied,” the truth is that any court case can be delayed if one or more parties have the financial wherewithal and internal fortitude to continue the fight through appeals. Eventually, it’s up to our courts to decide the justice part.

 

Cryptocurrency Craze Leads to Fraud Charges in Dallas

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Photo by David McBee from Pexels https://www.pexels.com/photo/bitcoins-and-u-s-dollar-bills-730547/

Most of us have seen news reports about the ongoing cryptocurrency craze, including the skyrocketing and plummeting prices for Bitcoin and other electronic currencies. Now, some cryptocurrency companies are facing federal investigators based on allegations of fraud

The latest news comes from Dallas, where a cryptocurrency bank founded less than a year ago has been charged along with its owners of fraud and other alleged wrongdoing. Launched in March 2017, AriseBank claimed to have raised $600 million in the past two months in an initial coin offering (ICO) for its AriseCoins. Such sales are like an initial public offering (IPO) of stock options.

The bank said it had “one of the largest crypto-currency platforms ever built.” But the Fort Worth Regional Office of the U.S. Securities and Exchange Commission says the bank was nothing more than an “outright scam.” The government says the company misled investors and sold unregistered securities under fraudulent terms.

After falsely claiming that it had purchased an FDIC-insured bank, AriseBank failed to tell investors that its co-founders have prior felony criminal convictions, according to the SEC.

Now, a Dallas federal judge has appointed a receiver to figure out how much of investors’ money, if any, remains.

It’s not hard to imagine that lawsuits from investors will soon follow, although collecting any judgment against AriseBank is now in doubt since the bank has been put under the government’s control and no one appears to yet know if any assets remain.

Investment Scams Nothing New

The trail of investment scams extends nearly as long as investing itself. That is why the cryptocurrency frenzy should send up a warning flare for many of today’s investors. For every quality investment opportunity, there are many more scams nearby.

One notable example came in 1986, when a California teenager formed ZZZZ Best Inc. and claimed the company was the “General Motors of carpet cleaning.” After the company sold millions in stock options, federal investigators discovered that ZZZZ Best was little more than a series of phony documents and sales receipts. In the end, investors lost more than $100 million and the company’s founder was sentenced to 25 years in prison.

Perhaps the greatest investment scam in history is rooted in Texas with the fall of energy giant Enron in 2001. Houston-based Enron was ranked as the seventh-largest company in the world. Unfortunately, the company was hiding billions of dollars in debt through a series of accounting transactions that relied on shell companies to conceal dire financial circumstances. In addition to resulting in the collapse of the global accounting firm Arthur Andersen, the fall of Enron caused billions of dollars in losses for investors and employees. More than 4,000 employees were let go after the company filed for bankruptcy protection.

AriseBank Lessons

The AriseBank story should serve as an important lesson for everyone. That’s especially true for those of us who are only mildly familiar with the ins and outs of the investing process. There are seemingly countless state and federal laws covering proper investment protocols and the sale and purchase of securities. Few “regular” investors know all the rules.

No matter how many TV commercials make it look easy to handle your own investment decisions, the truth is that investing is complicated business. Just because you have been successful enough to accumulate enough money to invest on your own doesn’t mean that you’ll enjoy the same success when it comes to finding the right investment opportunity.

That is why it is so important to have a trusted financial advisor and knowledgeable attorney involved if you’re thinking about plunking down your hard-earned cash in hopes of realizing positive returns in the future. Failing to do so could put you in the same position as the investors who backed AriseBank and are now waiting to see if the government can help them reclaim their money.