Appeals Court Archives | Brad Jackson Law Office

Dallas Attorney Brad Jackson Once Again Named Among City’s Best

April 28, 2020 by Brad Jackson

Photo of attorney Brad Jackson sitting down while wearing glasses, a sports coat and a blue shirt with no tie.

Experienced attorney Brad Jackson of The Law Offices of Brad Jackson in Dallas once again has been named to the annual listing of the Best Lawyers in Dallas by the publishers of D Magazine based on his work for clients in business litigation, tort lawsuits and products liability cases.

Mr. Jackson’s appearance on the 2020 list marks his tenth consecutive selection among the best attorneys in the Dallas/Fort Worth area. He is widely known for his work protecting clients’ financial interests in courtrooms throughout Texas. Mr. Jackson has been Board Certified in Civil Trial Law by the Texas Board of Legal Specialization for more than 25 years.

D Magazine’s exclusive listing of the city’s best lawyers is based on nominations submitted by Dallas attorneys who were asked to name those “whose work you have witnessed firsthand.” Mr. Jackson and other lawyers who received multiple nominations were then vetted by D Magazine’s editors and an anonymous panel of the city’s most respected attorneys.

Recent Accomplishments by Law Offices of Brad Jackson

Since last year’s list, The Law Offices of Brad Jackson won a $1 million arbitration award for a Bosque County couple whose home suffered extensive damage based on a failed roofing system.

The firm also secured a key appeals court victory in a real estate dispute against the City of Dallas. In that case, the Fifth Court of Appeals in Dallas found that Mr. Jackson’s clients should be allowed to go to trial based on their claims that the city wrongly took more than $300,000 in property for public use.

Mr. Jackson and fellow firm attorney Cheryl Mann also published a legal commentary for Texas Lawyer newspaper about the common causes and best ways to prevent legal malpractice.

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 serious personal injury and wrongful death.

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

December 19, 2019 by Brad Jackson

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!

Law Offices of Brad Jackson Earns Best Law Firms Ranking

November 8, 2018 by Brad Jackson

attorney, Texas Super Lawyers, commercial litigation, Brad Jackson

The Law Offices of Brad Jackson has been named as one of the top law firms in the Dallas/Fort Worth region on the 2019 Best Law Firms list by the publishers of U.S. News & World Report and The Best Lawyers in America.

Led by experienced attorney Brad Jackson, the firm earned a spot on the annual Best Law Firms list of the nation’s leading law firms following nominations from other lawyers based on their view of the firm’s work for clients in commercial litigation.

Board Certified in Civil Trial Law by the Texas Board of Legal Specialization, Mr. Jackson claimed his fifth consecutive appearance in The Best Lawyers in America earlier this year for his work in business disputes.

“Being included in this exclusive listing is a testament to the hard work we do in every case we handle,” Mr. Jackson says. “Professional recognition is always appreciated, but the true measure of our commitment is reflected in the confidence clients place in our firm.”

Recent Commercial Litigation Victories

The Law Offices of Brad Jackson’s recent commercial litigation victories include successfully defending a group of seller and business broker clients against claims for more than $3 million in a lawsuit over the sale of an insurance agency. The firm also secured appeals court win affirming an earlier summary judgment for the owners of a Dallas-based company that faced more than $1 million in potential damages.

Mr. Jackson and fellow firm attorney Cheryl Mann represent clients in business disputes and commercial litigation, contract disputes, fiduciary litigation, denial of commercial insurance claims, probate and trust litigation, professional malpractice cases, serious personal injuries, wrongful death, and other areas. The firm regularly represents both plaintiffs and defendants in all types of civil litigation.

Brad Jackson Earns Spot on 2018 Texas Super Lawyers List

September 6, 2018 by Brad Jackson

Experienced attorney Brad Jackson of the Law Offices of Brad Jackson in Dallas has earned his 15^th 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 5^th 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.

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

January 28, 2019August 30, 2018 by Brad Jackson

Last week, the 5^th 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 5^th 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 5^th 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

March 1, 2018 by Brad Jackson

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 5^th 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.

Why Massive Trinity Industries Judgment was Reversed

January 2, 2018October 12, 2017 by Brad Jackson

Big news for Dallas-based Trinity Industries came down late last month when a three-judge panel from the U.S. 5^th Circuit Court of Appeals unanimously reversed and rendered, throwing out a $663.3 million adverse judgment. This case presented the odd situation where a plaintiff and jury said the government was defrauded, but the government wanted no part of it.

Like a lot of appeals court rulings, the final decision is focused more on the law’s intent rather than what the plaintiff alleged.

Case Background

The original 2014 verdict followed an earlier mistrial and three years of contentious litigation in the U.S. District Court for the Eastern District of Texas in Marshall. The lawsuit was filed under the federal False Claims Act by a man who owned a company that competed against Trinity. The False Claims Act allows individuals to file lawsuits aimed at protecting the government from fraud. Often, the government will join such cases as a plaintiff, but not always.

The plaintiff accused Trinity of defrauding the federal government by not disclosing a redesign in its ET-Plus guardrail system that was sold under federally subsidized state contracts. Jurors heard one week of testimony before slapping Trinity with a $175 million verdict that climbed to more than $663 million in the final judgment after the addition of penalties and attorney fees.

Court’s Reasoning

Trinity appealed, noting that the government never said there was anything wrong with the company’s guardrails as it continued to buy them. Notably, the Federal Highway Administration decided not to join the lawsuit as a plaintiff and instead issued an official memorandum during the trial expressing its continued confidence in the ET-Plus system.

On September 29, the 5^th Circuit panel ruled in Trinity’s favor by reversing the earlier judgment and dismissing all claims against the company. Considering that Trinity didn’t tell the Federal Highway Administration about modifying its guardrail system and later made millions and millions of dollars selling the same system, you might ask, “So why didn’t Trinity lose on appeal?”

The answer, according to the unanimous three-judge panel, boiled down to a question of materiality.

The 5^th Circuit noted that even though the plaintiff and the East Texas jury may have believed the government was defrauded, the government’s actions painted a much different picture.

“When the government, at appropriate levels, repeatedly concludes that it has not been defrauded, it is not forgiving a found fraud— rather it is concluding that there was no fraud at all,” the court concluded.

While some will argue that the ruling ignored the jury’s decision, the 5^th Circuit’s reasoning no doubt will be relied upon by future defendants in False Claims Act cases until or unless this issue reaches the U.S. Supreme Court.