business disputes

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.

 

14 Dallas Gas Stations to Pay for Hurricane Harvey Price Gouging

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price gouging

Last year’s catastrophic Hurricane Harvey dumped more than 50 inches of rain on the Houston area and claimed more than 80 lives. Many people stepped up to help their neighbors in the aftermath, but there were others who turned the community’s shared distress into a moneymaking enterprise through price gouging.

Immediately following the worst of the storm, both the Texas governor and attorney general warned businesses against price gouging. However, there were numerous reports of hurricane victims being charged ridiculous amounts for everything from bottled water to hotel rooms to gasoline.

The fears over supply shortages hit hard in Dallas, where hundreds of gas stations ran out of fuel and thousands of customers waited in line for hours.

Texas AG Files Price Gouging Claims

The AG’s office responded to reports of price gouging by asking those who believed they had been overcharged to provide copies of their receipts. In the months that followed, the AG filed a series of lawsuits and issued more than 125 notices of violations.

Now, several of those businesses have agreed to a legal settlement that includes more than $160,000 in refunds for customers. According to published reports, 48 Texas gas stations signed off on the agreement, including 14 in Dallas. Overall, 42 of the stations are in North Texas.

The AG says all the stations in the settlement charged gas prices of at least $3.99 per gallon after Harvey. Some stations reportedly charged as much as $8.99 per gallon. Gas prices in Texas averaged roughly $2.20 per gallon at the time.

The two biggest payouts reportedly are coming from the Old Town Store in Garland, which agreed to refund $14,870, and Bob’s Exxon in Dallas, which will pay $12,000. In an odd twist, the Old Town Store recently was in the news for selling a $1 million winning scratch-off lottery ticket. Based on the Texas Lottery’s bonus program, that means the owners of Old Town are in line for a $10,000 bonus, which should help offset their settlement payment.

Protecting Clients’ Money

Although the legal actions above were filed by the state, the facts are not that different from what I regularly see in cases involving fiduciary litigation and business disputes.

The gas stations that agreed to the price gouging settlement saw an opportunity to grab some extra cash and thought they could get away with it. Fortunately, the state was there to help.

At the Law Offices of Brad Jackson, we have spent decades helping individuals and companies who similarly have been ripped off through no fault of their own. The unfortunate truth is that there are people in all walks of life who are looking for the chance to line their pockets even if it means violating the law. That’s why we are here to protect clients’ interests and make sure that responsible parties are held accountable under the law.

Brad Jackson Once Again Named Among Best Lawyers in Dallas

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Dallas

DALLAS – Dallas attorney Brad Jackson of the Law Offices of Brad Jackson once again has been named among the city’s top legal counsel in the 2018 listing of the Best Lawyers in Dallas published by D Magazine.

The exclusive roster of Dallas’ leading lawyers is based on nominations submitted by local attorneys who were asked: “Which Dallas lawyers, of those whose work you have witnessed firsthand, would you rank among the current best?” After the nominations are tallied, D Magazine’s editors determine the final selections with feedback from an anonymous panel of leading Dallas attorneys.

Honored for Dallas Business Litigation Work

Mr. Jackson, who is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization, earned his eighth consecutive appearance on the list for his work in business litigation and medical liability litigation.

“It is an honor to be ranked alongside so many excellent attorneys,” says Mr. Jackson. “Our firm’s mission is to always put our clients first, and recognition like this tells me we’re doing things the right way.”

Mr. Jackson has represented clients in state and federal courts for more than 25 years. Along with fellow firm attorney Cheryl L. Mann, he handles a variety of cases for people from all walks of life. The firm’s expertise includes business disputes and commercial litigation, contract disputes, fiduciary litigation, denial of commercial insurance claims, probate and trust litigation, professional malpractice cases, serious personal injuries and wrongful death, and other areas.

Successful Legal Defense for Clients

In a recent case heard in Dallas state district court, Mr. Jackson and Ms. Mann successfully defended a group of seller and business broker clients in a $3 million lawsuit over the sale of an insurance agency. Although the plaintiffs sought millions, they decided to dismiss the case after only three days of trial and agreed to pay $200,000 to one of the firm’s clients.

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.

Law Offices of Brad Jackson Helps Clients Defeat $3 Million Lawsuit

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lawsuit

Our team recently obtained a great result for a group of seller and business broker clients in a lawsuit over the sale of an insurance agency. Our clients were facing nearly $3 million in damages after being accused of fraud, negligent misrepresentation, breach of contract, breach of fiduciary duty and other claims.

This case provides a good example of our work in business disputes and fiduciary litigation, as well as our representation of local and out-of-state clients.

The lawsuit was filed by Frisco, Texas-based CLA USA Property and Casualty Group against our clients from Dallas-based CapRock Services, which provides financing for small businesses, and Sarasota, Florida-based General Insurance Brokerage, LLC, which specializes in brokering the sale of insurance agencies.

Business Lawsuit Background

The dispute arose after General Insurance Brokerage identified Irving, Texas-based Innovative National Risk, LLC, as a potential CLA acquisition target. CLA bought the company from CapRock in 2014.

Shortly after the sale, CLA claimed, among other things, that Innovate National Risk’s operations failed to comply with state and federal laws. CLA argued that it was left holding the bag, accusing our clients of conspiring to make the sale happen so that CapRock could divest itself of the insurance agency and General Insurance Brokerage could collect commission payments.

How We Won

We were brought into the case late to represent CapRock and General Insurance Brokerage, which previously had been defended by separate lawyers.

Together, Brad Jackson and Cheryl Mann began an aggressive defense that resulted in the court striking the testimony of CLA’s expert witnesses, including an attorney, an actuary and a certified fraud examiner. We also convinced the court to enforce a jury trial waiver because we believed that our defense of CLA’s complicated and convoluted claims would be best understood by an experienced trial judge.

By the third day of trial before the Honorable Tonya Parker of the 116th Judicial District Court of Dallas County, we had clearly proven that General Insurance Brokerage, CapRock, and their principals, who CLA had sued personally as well, had done nothing wrong. That same day, CLA voluntarily dismissed all its claims and agreed to pay $200,000 to our client CapRock.

Cases like these are why we come to work every day. Our clients had their backs against the wall, facing millions of dollars in potential damages. We were able to devise an aggressive and effective defense that resulted in the complete vindication of our clients.