Brad Jackson Helps Client Win $1M Arbitration Award

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TAMKO Roof

Brad Jackson recently helped a client win an arbitration award of nearly $1 million against Joplin, Missouri-based TAMKO Building Products Inc. after the company’s TAMKO TW Metal and Tile Underlayment roofing product failed and caused extensive damage to a newly constructed ranch house.

The award was issued on July 23 following a multiday arbitration proceeding before Chief Justice Linda B. Thomas (Ret.) of JAMS (Judicial Arbitration and Mediation Services, Inc.).

TAMKO Home Roof Fails

The case stemmed from the construction of a multimillion-dollar home and guest house in rural Bosque County. Mr. Jackson represented the individual homeowners. Dallas attorney Jeff Cook of Sullivan & Cook LLC represented the entity created to hold title to the property.

Roughly two years after construction was completed in 2015, a thick, tar-like substance began seeping out of the gutters and collecting onto the ground around the property. Eventually, the sticky tar began oozing from seams in the roof and causing extensive damage inside the structures and surrounding areas. The homeowners spent more than $1 million of their own money to help clean up the mess and repair related damage.

After it was determined that the problem stemmed from TAMKO’s faulty roof underlayment, the company acknowledged that it had falsely claimed its product could withstand temperatures of up to 250 degrees.

However, TAMKO argued, among other things, that the company’s limited warranty prevented it from being responsible for any damages in excess of the approximately $10,000 that Mr. Jackson’s clients had paid for the roofing underlayment material.

TAMKO eventually reimbursed the homeowners’ insurance company, AIG Property Casualty Inc., for the $637,425 that AIG had paid towards the repairs and damages. TAMKO then claimed that the homeowners had been fully compensated and that the company owed them no additional money.

Arbitrator Rules in Favor of Brad Jackson’s Clients

Mr. Jackson countered with claims against TAMKO for product liability, negligence, breach of implied warranties, and violation of the Deceptive Trade Practices Act (DTPA).

In the final award, Chief Justice Thomas ordered TAMKO to pay Mr. Jackson’s clients a total of $702,784 for remediation costs and $284,340 for attorneys’ fees, plus an additional $55,000 in attorneys’ fees in the event of future legal appeals. The arbitration award is in addition to the payment previously received by the homeowners from AIG for a total recovery in excess of $1.6 million.

Aretha Franklin’s Family Facing Contested Will Battle

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Contested Will

When iconic entertainer Aretha Franklin died last August no one knew there would be a contested will because the “Queen of Soul” reportedly did not have a valid will or another plan to cover her estimated $80 million estate.

That changed dramatically last month when her personal lawyer of more than 40 years revealed that Franklin had written three recently discovered wills by hand in 2010 and 2014 before falling victim to her long battle with pancreatic cancer. Franklin’s attorney correctly filed the documents with a Michigan probate court in charge of administering her estate. Now, a judge will determine which, if any, of the late singer’s handwritten wills is valid.

Franklin isn’t the first high-profile person to die without leaving clear directions on how their estate should be handled. Fellow entertainers Prince, Kurt Cobain, and Jimi Hendrix similarly passed away without a will or estate plan, which resulted in protracted court proceedings. Now, Franklin’s sons and other relatives are readying themselves for what may well be a long and expensive battle in court.

What Happens When There Is No Will?

Unfortunately, this is not an uncommon situation. Some studies suggest that more than half of U.S. parents do not have a legal will. Board Certified Civil Trial Lawyer Brad Jackson is regularly called on by relatives of people from all walks of life who have died without a will, including lawyers, doctors, business executives, family business owners.

Obviously, having a valid will and/or an established estate plan will help surviving relatives avoid many of the legal issues that can emerge following a loved one’s death. But when that doesn’t happen, you will need an experienced lawyer to help you navigate the process.

When there is no will, a person’s estate is subject to administration through what can be complicated and expensive intestacy procedures under a court-appointed administrator.

Handwritten, Informally Prepared or Professionally Prepared Wills

Some people mistakenly believe that handwritten wills like those left behind by Franklin are all that’s needed to wrap up a person’s estate. That may be true in some instances, but such documents often lead to disputes about their validity and meaning like what is now happening with Franklin’s contested will.

Even official looking wills may not be enforceable because there are certain formalities and specific requirements for the creation of an enforceable will. Laws vary from state to state. Internet forms that are not specific to Texas or wills that are not prepared or executed in compliance with Texas law may be ineffective and rejected by a court.

A professionally prepared will and estate plan that is completed well in advance is the safest and likely least complicated and cost-effective way to plan for the handling of your estate. While a professionally prepared will has upfront costs, it will likely provide for significant cost savings and a more certain outcome in the long term.

No will, including a professionally prepared will, is bulletproof. Wills made after a person has lost testamentary capacity – the ability to understand and appreciate the nature and process of deciding how their property will be dealt with – or wills made under the undue influence of another person may be subject to a will contest and ultimately thrown out by a court.

Brad Jackson Handles Contested Will, Probate and Trust Cases

At the Law Offices of Brad Jackson, our attorneys have represented both plaintiffs and defendants in probate and trust litigation and contested will situations for decades. We regularly appear in probate courts throughout Dallas, Fort Worth and North Texas. Our team also maintains close relationships with financial professionals and estate law experts who help us protect clients’ rights.

Attorney Brad Jackson is a veteran of local courts who has been Board Certified in Civil Trial Law by the Texas Board of Legal Specialization for more than a decade. Clients call on Brad based on his years of experience in high stakes will contests and related legal matters.

The probate process can be a minefield. Knowing which documents will help prove your case, meeting court deadlines, and presenting evidence in court is something that few people are capable of handling without the guidance of a seasoned attorney who has been there before. If you’re facing a will contest or probate and trust litigation, contact the Law Offices of Brad Jackson for more information about how we can help.

 

Brad Jackson Again Named to Best Lawyers in Dallas

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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 15th 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

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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 Helps Client Defeat $100K Fraudulent Transfer Claim

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fraudulent transfer

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 134th 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

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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.

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 Handling High Net Worth Divorces

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divorce

Although our firm is best known for helping clients in business disputes, Brad Jackson also provides extensive experience representing both husbands and wives in high-stakes divorces. Over the years, Brad has effectively represented entrepreneurs, business executives, doctors, lawyers, and a variety of other individuals in significant divorce matters.

Now, the firm is expanding our family law work with the launch of a new practice area devoted to High Net Worth Divorces, including cases involving division of assets, child support, child custody, and alimony.

Business Skills Help Divorce Clients

Over the years, Brad noticed an all-too-familiar dynamic where the same chummy group of divorce lawyers often go up against each other in court. Rather than becoming a member of this unofficial “divorce lawyers club,” Brad decided the best way he could help his divorce clients was to use the same skills he’s built over the years representing people and companies in business cases.

As a result, Brad discovered that his business background often caused him and his clients to be better prepared than the other side during all stages of a divorce. Instead of playing by the unwritten rules, Brad uses everything in his toolbox to best represent his divorce clients.

Sometimes that means bringing in appraisers and other financial professionals to properly address the value of marital assets. Sometimes it means hiring a forensic account to determine whether a spouse has been dishonest by hiding stocks, bonds or even cash. Brad leaves no stone unturned to make sure his clients’ rights are protected.

The firm’s prior work in divorce litigation includes cases involving such assets as:

  • Family businesses
  • Family trusts
  • Investment properties
  • Inherited assets
  • Private homes
  • Vacation properties
  • 401(k) and other retirement accounts
  • Stocks and stock options
  • Royalty payments

If you or someone you know is facing a high net worth divorce, please call our offices at 214-526-7800 or contact our team online for more information on how we might be able to help.

Law Offices of Brad Jackson Helps Houston Business Complete Sale

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business

The Law Offices of Brad Jackson recently represented Houston-based business Global Waste Services LLC in the company’s successful sale to Houston-based WCA Waste Corporation as part of a deal announced earlier this week.

Brad Jackson led the firm’s work on behalf of Global Waste Services, a provider of trash and recycling services for industrial, commercial and residential customers in and around Houston.

Under the terms of the deal reported in the Houston Business Journal, WCA acquired Global Waste Service’s waste hauling and recycling business, along with its recycling plant and the company’s material recovery facility, both of which are located in the Houston area.

Almost all of Global Waste Services’ 95 employees will join WCA’s existing 1,500 employees, who serve more than 500,000 customers in 11 states.

Experienced in Business Sales, Purchases

The deal was completed on August 31, following Mr. Jackson’s negotiations on behalf of Global Waste Services with in-house and outside counsel for WCA. The financial terms of the deal were not disclosed.

Since being taken private in 2012, WCA has acquired several waste services firms, including Freedom Waste Services LLC and Jones Sanitation LLC in Kentucky and the Missouri-based companies EZ Disposal and Flynn’s Raytown Disposal.

Although the Law Offices of Brad Jackson is best known for our work in business litigation and other civil claims, this deal is an example of Mr. Jackson’s expertise in company sales and purchases. Over the years, he has been called on by a variety of business owners to help them sell and purchase all types of companies and other business assets.

If you are looking to sell or buy a company, call our team at 214-526-7800 or contact us via email for more information about how we may be able to help.

 

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.