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Law Offices of Brad Jackson in Dallas Named One of Nation’s Top Law Firms

November 6, 2019 by Brad Jackson

Civil litigation law firm selected for legal excellence in business disputes

DALLAS – The Law Offices of Brad Jackson in Dallas once again has been named on the exclusive Best Law Firms list published by U.S. News & World Report and The Best Lawyers in America as one of the leading commercial litigation law firms in the United States.

The firm founded by civil litigation specialist Brad Jackson has been named among the nation’s best for four consecutive years based on work for clients in a variety of business lawsuits.

Mr. Jackson has been Board Certified in Civil Trial Law by the Texas Board of Legal Specialization for more than 15 years. He earned his sixth consecutive appearance among the top commercial litigation attorneys in the country earlier this year in the 2020 edition of The Best Lawyers in America.

He and fellow firm attorney Cheryl Mann provide more than 50 years of combined legal experience in all types of civil lawsuits on behalf of plaintiffs and defendants in both state and federal courts.

Recent Wins by Law Offices of Brad Jackson

The firm’s recent legal successes include:

Successful defense of a six-figure fraudulent transfer lawsuit;
Favorable summary judgment in a multimillion-dollar contract dispute;
Award of nearly $1 million against a manufacturer of a faulty roofing product;
Appeals court victory in a real estate dispute against the City of Dallas;
Successful sale of a company based in Houston to a competitor;
Complete defense of a $3 million lawsuit alleging fraud and breach of contract; and
Judgment protecting clients in a $1 million partnership dispute, among others.

In addition to the firm’s work in business disputes, The Law Offices of Brad Jackson also provides extensive expertise in high net worth divorces and cases involving allegations of legal malpractice.

Brad Jackson Again Named to Best Lawyers in Dallas

April 22, 2019 by Brad Jackson

attorney, Texas Super Lawyers, commercial litigation, Brad Jackson

Based on his work representing clients in civil cases throughout Texas, experienced Dallas attorney Brad Jackson of the Law Offices of Brad Jackson once again has been named to the exclusive list of the Best Lawyers in Dallas by the publishers of D Magazine.

Mr. Jackson was selected to the 2019 Best Lawyers in Dallas list for his expertise in business litigation. This marks the ninth consecutive Best in Dallas selection for Mr. Jackson, who is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization.

D Magazine assembles the annual Best Lawyers in Dallas list based on nominations from local attorneys who are asked: “Which Dallas lawyers, of those whose work you have witnessed firsthand, would you rank among the current best?” Once the nominations are tallied, the publication’s editors make the final selections with input from a panel of Dallas’ leading attorneys.

Since being named to last year’s list, Mr. Jackson also was named in the 2019 edition of The Best Lawyers in America, which was his fourth consecutive appearance in the annual guide. He also earned his 15^th consecutive selection to the Texas Super Lawyers list of the state’s top attorneys.

Court Wins Precede Best Lawyers in Dallas Honor

During the same time frame, Mr. Jackson successfully defended a group of business owners in a multimillion-dollar partnership dispute. He went on to help the same clients win a recent summary judgment ruling against their former partner, who wanted them to pay him roughly $2 million for his stock in their company.

For more than 25 years, Mr. Jackson has represented people from all walks of life in a variety of state and federal courts. His firm has a long track record in business disputes and commercial litigation; high-stakes divorces; will contests; probate and trust litigation; contract disputes; fiduciary litigation; denial of commercial insurance claims; professional malpractice cases; serious personal injuries and wrongful death; and other areas.

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.

Brad Jackson Wins Second Favorable Judgment in a Week

February 5, 2019 by Brad Jackson

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’ 5^th 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’ 162^nd 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 Helps Client Defeat $100K Fraudulent Transfer Claim

January 25, 2019January 25, 2019 by Brad Jackson

Brad Jackson recently secured a complete victory in a contentious business dispute heard in Dallas district court after one of our clients was wrongly accused of being a party to an alleged fraudulent transfer of $100,000.

The case was tried over several days last year before Judge Dale Tillery of the 134^th District Court in Dallas. In an interesting twist, one of the most important documents in the case was originally written in Hebrew and had to be translated into English. During the trial, we also relied on a translator since the people who sued our client spoke Vietnamese.

Beauty Salon Bought with Family Loan

The controversy began in 2013, when our client, a local businessman, loaned his nephew $190,000 at 6 percent interest to buy a beauty salon. Under the terms of the agreement, which was written in Hebrew, our client also was first in line to be repaid if the salon was sold before the loan was paid off.

When the nephew eventually sold the salon, he repaid our client the remaining $100,000 that was owed on the loan. Our client then deposited that money in his bank account to repay a separate loan he had taken out to help his nephew buy the salon.

In 2016, our client’s nephew was sued by two business associates in a dispute over money tied to the already sold salon. A year later, the same two business associates sued our client based on claims they were entitled to the $100,000 that he was repaid more than a year earlier, as well as additional money damages.

Defending Fraudulent Transfer Claim

Relying on his years of legal experience and knowledge of the Texas Business and Commerce Code and the Texas Uniform Fraudulent Transfer Act, Brad argued that for a transfer to be fraudulent, it must be made “without receiving a reasonably equivalent value and the debtor (in this case, our client’s nephew) was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.”

Brad persuaded the Court that our client should not be found in violation of the Fraudulent Transfer Act since extinguishing the obligation to repay the loan was something of value and there was no evidence that the nephew was insolvent when the loan was repaid; that our client believed his nephew was insolvent; or that repaying the loan made the nephew insolvent.

Court Rules in Our Client’s Favor

Earlier this week, we received a final judgment and permanent injunction where the Court dismissed all the claims against our client. We are thankful for the well-reasoned ruling.

This case is a perfect example of how a person or company can become involved in a business dispute through no fault of their own. Our client thought he was simply helping his nephew by loaning him $100,000 only to find out a year later that he was being sued himself for significantly more than the original loan amount. Thankfully, we’ve seen these types of strongarm tactics before and we knew the law was on our client’s side.

Law Offices of Brad Jackson Earns Best Law Firms Ranking

November 8, 2018 by 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.

Brad Jackson Named Among Nation’s Top Lawyers

August 15, 2018 by Brad Jackson

DALLAS – Dallas attorney Brad Jackson of The Law Offices of Brad Jackson is being recognized as one of the nation’s top trial lawyers for commercial disputes in the 2019 edition of The Best Lawyers in America.

Mr. Jackson, who is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization, earned his fourth consecutive selection to Best Lawyers after once again being named among the Best Lawyers in Dallas by the publishers of D Magazine this spring. He has also been recognized on the annual Texas Super Lawyers list by Thomson Reuters since 2004.

First published in 1983, Best Lawyers is based solely on input from attorneys who previously have been selected to the annual publication. Best Lawyers is one of the most trusted guides to the U.S. legal profession.

“It is an honor to be included in Best Lawyers based on nominations from other attorneys who know the level of work we do,” says Mr. Jackson. “This type of recognition reflects our commitment to clients and our capabilities in the courtroom.”

Proven Experience

Together, Mr. Jackson and fellow firm attorney Cheryl L. Mann have more than five decades of combined experience representing clients in state and federal courts.

Earlier this year, the firm successfully defeated a $3 million lawsuit for a group of seller and business broker clients over the sale of an insurance agency. Although the plaintiffs sought millions, they dismissed their case after only three days of trial while agreeing to pay $200,000 to one of Mr. Jackson’s clients.

The Law Offices of Brad Jackson focuses on 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.

14 Dallas Gas Stations to Pay for Hurricane Harvey Price Gouging

August 1, 2018 by Brad Jackson

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.

Multimillion-Dollar Jury Verdict Follows Missed Deadline in Personal Injury Case

June 6, 2018 by Brad Jackson

A high-profile Dallas lawyer has filed for bankruptcy protection while facing a multimillion-dollar lawsuit over an important missed deadline in a personal injury case.

Attorney Levi McCathern II is perhaps best known for representing the Dallas Cowboys and team owner Jerry Jones. He also earned some unflattering notoriety in 2011 after being cited and fined for illegally killing a giant alligator.

McCathern recently was the subject of a feature story in The Dallas Morning News about his representation of Lubbock-based West Star Transportation. The company’s insurer hired McCathern in 2009 to defend a personal injury lawsuit filed by a driver who suffered a serious brain injury after falling off a truck.

The driver’s attorney reportedly presented McCathern and his clients with $250,000 personal injury settlement offer that included a specific deadline. McCathern failed to respond in writing before the deadline and instead called to say that his client would agree to the proposed settlement. He then followed up to accept the offer in writing less than an hour after the deadline, but an appeals court ruled it was too late.

With the settlement off the table, the case went to trial in Lubbock in 2012. The jury awarded a $5.5 million verdict to the driver and his wife after finding West Star negligent. The verdict was affirmed in a judgment signed in 2015, and the trucking company appealed. The judgment now stands at roughly $7 million with the addition of interest. Family-owned West Star says that amount is enough to put it out of business.

Former Clients Target Lawyer

After the judgment was entered, West Star sued McCathern for legal malpractice. The company says McCathern exposed it to an “excess judgment” by not responding to the settlement offer in time. West Star is seeking nearly $20 million in damages.

The case was set to go to trial last month, but it was put on hold after McCathern filed for personal bankruptcy protection in Dallas. According to court records, he faces more than $1.7 million in bankruptcy debts and an IRS tax lien against him and his wife for $1.2 million. He has yet to provide a full accounting of his debts and assets in the case.

McCathern, who also has been sued by West Star’s insurance company, declined to comment for the Morning News story. His attorney said McCathern filed for bankruptcy protection because his insurance company wouldn’t cover West Star’s malpractice claim.

Meeting Deadlines Key for Every Attorney

Although settlement talks are in the works, this case no doubt will end up impacting everyone involved for years to come. The driver and his wife are still waiting for the money that was approved by a judge and an appeals court. The employees at West Star are unsure how long they’ll continue to have a place to work. And a notable Dallas attorney may end up defending a $20 million legal malpractice lawsuit after filing for bankruptcy protection.

It’s hard to believe this all could have been resolved nearly a decade ago except for a single missed deadline. This complicated case shows how important it is for attorneys to be organized and to make sure they closely monitor clients’ cases to make sure nothing is overlooked.

As lawyers, we owe an extra duty of care to the people who entrust us to protect their legal rights. Answering clients’ questions, keeping them updated on their cases, and meeting important deadlines should be the goal of every attorney.