Stephen A. Khoury
EDUCATION
• Bachelor of Science, Zoology,
Texas A & M University, 1974
Cum Laude graduate
• Juris Doctor
Baylor University School of Law, 1977
Baylor Practice Court Program, 1977
Awards:
o Outstanding Advocate Award
o First Place and Best Speaker Honors
PROFESSIONAL EXPERIENCE
• 1978 - 1982 Assistant District Attorney,
Chief Felony Prosecutor
Dallas County District Attorney Office
Henry Wade, District Attorney
Chief of Commercial Fraud Section,
Specialized Crime Division, 1980-1982
Involved investigation, indictment, prosecution and trial of felony white collar crime cases including felony theft, embezzlement, financial fraud, securities fraud, misapplication of fiduciary property and public corruption and official abuse
• 1982 - present KELSOE, KHOURY, ROGERS & CLARK, PC.
Current practice primarily includes business litigation and representation of business interests including:
o Business and partnership disputes, including breach of fiduciary duty
o Commercial transactions, including contractual disputes, consumer litigation, fraud and DTPA litigation, franchisor/franchisee disputes
o Real estate matters including real estate development, acquisitions, title company issues, leases, eminent domain, landlord/tenant disputes, condominium and homeowner issues
o Construction litigation involving commercial, residential and pipeline construction, which includes the representation of owners, general contractors and subcontractors.
Past practice included significant experience in:
o Wrongful death cases
o Catastrophic personal injury
o Medical malpractice
o Products liability
o Premises liability
Current practice still involved with such cases.
Significant Past and Current Litigation/Trial Matters:
• David M. Clapper, et.al v. American Realty Investors, Inc., et al, Cause No. 3:14-CV-02970-D, US District Court, Northern District of Texas, Dallas Division
Defense of corporate clients in suit arising from ART Midwest, Inc., and American Realty Trust, Inc., v. David Clapper, et al, Cause No. 3:99-CV-2355-R, US District Court, Northern District of Texas, Dallas, Division, involving Federal RICO claims and alleged fraudulent transfer of commercial assets.
• Lakefront Trail Rockwall Hotel v. Albertelli Construction, Inc., et al, Cause No. 1-17-0359, 382nd District Court, Rockwall County, Texas
Representation of owner in suit for damages in excess of $2 million against general contractor regarding the commercial development of a hotel in Rockwall, Texas.
• Rayford-Richard Property, LP, David Ikeler, et al v. Robert Turk, et al, Cause No. 2016-70763, 152nd District Court of Harris County, Texas
Prosecution and settlement of 17 lawsuits in Harris county involving partnership disputes, breach of fiduciary duty and dissolution of all partnerships.
• J7 Contractors v. OneOk Partners, LP, Cause No. 09-172-A, 77th District Court, Freestone County, Texas
Successful prosecution of a multi-party case against the owner of a natural gas pipeline in Colorado, regarding a multi-million dollar damage claim due to breach of contract in the construction of the gas pipeline in Colorado. Confidential settlement reached.
• Shaddock Developers, Ltd. v. C&P Engineering; Cause No. 09-05034; 162nd District Court, Dallas County, Texas
Successful prosecution of engineering malpractice and negligence in construction of multi-family subdivision. Confidential settlement reached.
• 107090 Parkway Ltd., v. David McDavid, Trustee and Steve Dieb, Cause No. 05-00-01362: 5th District Court of Appeals, Dallas, Texas
Successful defense of alleged breach of real estate purchase contract and successful counter-claim for damages in trial verdict and appeal to the Texas Supreme Court.
• Daniel Dewald v. Home Depot, Cause No. 04-06862, 134th District Court of Dallas County, Texas
Successful prosecution of wrongful termination and defamation. Case concluded with a confidential settlement after a successful appeal to the Dallas Court of Appeals.
• Shumate Installations, Inc. v. Patella Manufacturing, Inc., Cause No. 97-10452; Dallas County, Texas
Successful prosecution of breach of contract against general contractor in a high-rise construction case. Confidential settlement reached.
• Raul Juarez v. Barnes Real Estate Services, et al, Cause No. 96-05811-B, 44th District Court of Dallas County, Texas
Successful prosecution of personal injury case against owner of apartment complex. Confidential settlement reached.
• Lanny Houillion v. The Clorox Company, Cause No. 95-8854B; County Court at Law No. 2, Dallas County, Texas
Case involved successful prosecution of products liability suit involving property damages resulting from cleaning product.
• Gunn, et al v. Brice Foods and I Can’t Believe It’s Yogurt, Ltd., Cause No. 95-01770-E, 101st District Court of Dallas County, Texas
Successful prosecution of company for product fraud and breach of franchise agreement. Confidential settlement reached after two-week jury trial and successful appeal to Dallas Court of Appeals.
• L&L Manufacturing, Inc. v. Phillip Vogel & Co., Cause No. 85-16484; 193rd District Court of Dallas County, Texas
Successful prosecution of accounting firm for accounting malpractice, fraud and breach of fiduciary duty, etc. Confidential settlement reached after two-week trial during jury deliberations.
• Ruthie Alford v. Michael Endler, MidSouth Baking Co., LLC., et al, Cause No. 06-250A, 77th District Court, Freestone County, Texas
Case involved successful prosecution of personal injury claims resulting from 18-wheeler collision.
• Jason Harper and Summer Smith, as Parents of Gracie Smith, a minor v. Economy Inn Motel, Cause No. 74726-CV- 23rd District Court of Brazoria County, Texas
Case involved successful prosecution of serious hand injuries and amputation of fingers to a child. Confidential settlement reached.
• Joan Wolfe v. AH Robbins, et al; Cause No. 141-178145-99; 141st District Court, Tarrant County, Texas
Successful prosecution against pharmaceutical company for damages to client’s heart valve and other personal injuries arising from Phen-fen.
• Timothy Gary Hutchens v. Smith & Nephew, Cause No. DC-13-13707; 44th District Court, Dallas County, Texas
Successful prosecution against manufacturer of defective hip implant device for personal injuries and products liability. Confidential settlement reached.
• Daniel & Linda Ortman v. Tenet Hospital d/b/a Doctors Hospital, et al; Cause No. 00-03949; County Court at Law No. 3, Dallas County, Texas
Successful prosecution of claims against hospital for negligence resulting in brain damage and other personal injuries to a child due to ischemia. Confidential settlement reached after a three-week jury trial.
• Robert Bosworth v. Brian Bosworth, Cause No. 296-040982012, 296th District Court, Collin County, Texas
Unsuccessful trial verdict after 1-week jury trial to set aside a deed based upon fraud perpetrated by brother against his sister.
Medical Malpractice:
• Lisa Gann Shear v. Lee Clayton, D.D.S., Cause No. CV-14-0607; 59th District Court, Grayson County, Texas
Successful prosecution of dental malpractice due to injuries caused by osteomyelitis. Confidential settlement reached.
• Doris and Jeffrey Cheshier v. David Foskick, M.D., et al, Cause No. 92-12184; 160th District Court, Dallas County, Texas
Unsuccessful prosecution of physicians for wrongful death and medical malpractice during heart bypass surgery, due to excess of Protamine.
• Dennis Cecil v. David Cook, M.D., et al, Cause No. 85-5064; 191st District Court, Dallas County, Texas
Successful prosecution and trial verdict after two-week trial, for brain damage injuries to a child caused during labor due to ischemia and asphyxia.
• Grinnan v. Craig Thompson, M.D. & St. Paul Hospital, et al; Cause No. 83-10666; 14th District Court, Dallas County, Texas
Successful prosecution against physicians for medical malpractice which resulted in urologic injuries. Confidential settlement reached.
Wrongful Death:
• The Estate of Irene Esther Arancibia v. UTSW Medical Center, et al, Cause No. 04-07439; 192nd District Court of Dallas County, Texas
Successful prosecution of medical malpractice and hospital negligence resulting in wrongful death due to fistula and improper management. Confidential settlement reached after successful appeal.
• Davis v. Cooper B-Line & Cooper Industries. Case No. 04-1863; 59th District Court of Grayson County, Texas
Successful prosecution of company negligence which cause the wrongful deaths of two employees. Confidential settlement reached.
• Sheila Shultz, on behalf of the Estate of Darla Blackmon v. UT Medical Branch at Galveston, et al, Case No. COT-01-33769; 52nd District Court of Coryell County, Texas
Successful prosecution of wrongful death due to medical malpractice failure to diagnose and treat pneumonia. Confidential settlement reached after successful appeal.
• Estate of Craig Calk v. Holiday Inns, Inc., Cause No. 88-9941-B
Successful prosecution of wrongful death due to fall from hotel caused by negligent window installation. Confidential settlement reached.
Published Appeals:
UTSW Medical Center at Dallas v. The Estate of Irene Esther Arancibia; Case No. 05-07-00499; Fifth District of Texas at Dallas
University of Texas Medical Branch at Galveston v. The Estate of Darla Blackmon, by its Beneficiary Shelia Shultz; Cause No. 10-03-0093-CV; Tenth District of Texas at Waco
17090 Parkway, Ltd. v. David McDavid, Trustee & Steve Dieb, Case No. 05-00-01362; 5th District Court of Appeals at Dallas
University of Texas at Arlington v. William Bishop, Case No. 02-98-274-CV; Second Court of Appeals, Fort Worth, Texas
Daniel T. Dewald v. The Home Depot, et al, Case No. 05-98-00013-CV; 5th District of Texas at Dallas
St. Paul Medcal Center, et al v. Dennis Cecil, et al, Case No. 05-91-01036-CV; 5th District of Texas at Dallas
APGM Limited Partnership v. DAP Food Management Service, Inc.; Case No. 02-00256; 2nd District of Texas at Ft. Worth
HMS Wynngate 04, Ltd. v. Texas Sotherby Homes, Inc. f/k/a/ Shaddock Builders and Developers, Inc., d/b/a/ Sotherby Homes, Cause No. 2013-50941-367, 367th Judicial District, Denton County, Texas; 2nd Court of Appeals 02 (Tex. App.- Ft. Worth 2016)
Some Representative Clients:
• American Realty Investors, Inc., EQK Holdings, Inc., and related companies
• Capital Title of Texas
• Silverstar Title (Sendera Title)
• Shaddock Homes
• Shaddock Developers
• Chuck Fairbanks Chevrolet
• Friendly Chevrolet
• David McDavid and David McDavid Auto Group
• Tekmak Development
• Oak Hill Academy
PROFESSIONAL LICENSES, ACTIVITIES AND MEMBERSHIPS
• Licensed/Admitted to the State Bar of Texas by the Texas Supreme Court – 1978
• Licensed/Admitted to the United States District Court Northern District of Texas – 1982
• Licensed/Admitted to the United States District Court Southern District of Texas – 2000
• Licensed/Admitted to the United States District Court Western District of Texas – 1994
• Licensed/Admitted to the United States District Court Eastern District of Texas – 1999
• Licensed/Admitted to the Fifth Circuit Court of Appeals – 2007
• American Board of Trial Advocates (ABOTA) - Associate, 2005
• Dallas Trial Lawyers Association
• Texas Trial Lawyers Association
EDUCATION
• Bachelor of Science, Zoology,
Texas A & M University, 1974
Cum Laude graduate
• Juris Doctor
Baylor University School of Law, 1977
Baylor Practice Court Program, 1977
Awards:
o Outstanding Advocate Award
o First Place and Best Speaker Honors
PROFESSIONAL EXPERIENCE
• 1978 - 1982 Assistant District Attorney,
Chief Felony Prosecutor
Dallas County District Attorney Office
Henry Wade, District Attorney
Chief of Commercial Fraud Section,
Specialized Crime Division, 1980-1982
Involved investigation, indictment, prosecution and trial of felony white collar crime cases including felony theft, embezzlement, financial fraud, securities fraud, misapplication of fiduciary property and public corruption and official abuse
• 1982 - present KELSOE, KHOURY, ROGERS & CLARK, PC.
Current practice primarily includes business litigation and representation of business interests including:
o Business and partnership disputes, including breach of fiduciary duty
o Commercial transactions, including contractual disputes, consumer litigation, fraud and DTPA litigation, franchisor/franchisee disputes
o Real estate matters including real estate development, acquisitions, title company issues, leases, eminent domain, landlord/tenant disputes, condominium and homeowner issues
o Construction litigation involving commercial, residential and pipeline construction, which includes the representation of owners, general contractors and subcontractors.
Past practice included significant experience in:
o Wrongful death cases
o Catastrophic personal injury
o Medical malpractice
o Products liability
o Premises liability
Current practice still involved with such cases.
Significant Past and Current Litigation/Trial Matters:
• David M. Clapper, et.al v. American Realty Investors, Inc., et al, Cause No. 3:14-CV-02970-D, US District Court, Northern District of Texas, Dallas Division
Defense of corporate clients in suit arising from ART Midwest, Inc., and American Realty Trust, Inc., v. David Clapper, et al, Cause No. 3:99-CV-2355-R, US District Court, Northern District of Texas, Dallas, Division, involving Federal RICO claims and alleged fraudulent transfer of commercial assets.
• Lakefront Trail Rockwall Hotel v. Albertelli Construction, Inc., et al, Cause No. 1-17-0359, 382nd District Court, Rockwall County, Texas
Representation of owner in suit for damages in excess of $2 million against general contractor regarding the commercial development of a hotel in Rockwall, Texas.
• Rayford-Richard Property, LP, David Ikeler, et al v. Robert Turk, et al, Cause No. 2016-70763, 152nd District Court of Harris County, Texas
Prosecution and settlement of 17 lawsuits in Harris county involving partnership disputes, breach of fiduciary duty and dissolution of all partnerships.
• J7 Contractors v. OneOk Partners, LP, Cause No. 09-172-A, 77th District Court, Freestone County, Texas
Successful prosecution of a multi-party case against the owner of a natural gas pipeline in Colorado, regarding a multi-million dollar damage claim due to breach of contract in the construction of the gas pipeline in Colorado. Confidential settlement reached.
• Shaddock Developers, Ltd. v. C&P Engineering; Cause No. 09-05034; 162nd District Court, Dallas County, Texas
Successful prosecution of engineering malpractice and negligence in construction of multi-family subdivision. Confidential settlement reached.
• 107090 Parkway Ltd., v. David McDavid, Trustee and Steve Dieb, Cause No. 05-00-01362: 5th District Court of Appeals, Dallas, Texas
Successful defense of alleged breach of real estate purchase contract and successful counter-claim for damages in trial verdict and appeal to the Texas Supreme Court.
• Daniel Dewald v. Home Depot, Cause No. 04-06862, 134th District Court of Dallas County, Texas
Successful prosecution of wrongful termination and defamation. Case concluded with a confidential settlement after a successful appeal to the Dallas Court of Appeals.
• Shumate Installations, Inc. v. Patella Manufacturing, Inc., Cause No. 97-10452; Dallas County, Texas
Successful prosecution of breach of contract against general contractor in a high-rise construction case. Confidential settlement reached.
• Raul Juarez v. Barnes Real Estate Services, et al, Cause No. 96-05811-B, 44th District Court of Dallas County, Texas
Successful prosecution of personal injury case against owner of apartment complex. Confidential settlement reached.
• Lanny Houillion v. The Clorox Company, Cause No. 95-8854B; County Court at Law No. 2, Dallas County, Texas
Case involved successful prosecution of products liability suit involving property damages resulting from cleaning product.
• Gunn, et al v. Brice Foods and I Can’t Believe It’s Yogurt, Ltd., Cause No. 95-01770-E, 101st District Court of Dallas County, Texas
Successful prosecution of company for product fraud and breach of franchise agreement. Confidential settlement reached after two-week jury trial and successful appeal to Dallas Court of Appeals.
• L&L Manufacturing, Inc. v. Phillip Vogel & Co., Cause No. 85-16484; 193rd District Court of Dallas County, Texas
Successful prosecution of accounting firm for accounting malpractice, fraud and breach of fiduciary duty, etc. Confidential settlement reached after two-week trial during jury deliberations.
• Ruthie Alford v. Michael Endler, MidSouth Baking Co., LLC., et al, Cause No. 06-250A, 77th District Court, Freestone County, Texas
Case involved successful prosecution of personal injury claims resulting from 18-wheeler collision.
• Jason Harper and Summer Smith, as Parents of Gracie Smith, a minor v. Economy Inn Motel, Cause No. 74726-CV- 23rd District Court of Brazoria County, Texas
Case involved successful prosecution of serious hand injuries and amputation of fingers to a child. Confidential settlement reached.
• Joan Wolfe v. AH Robbins, et al; Cause No. 141-178145-99; 141st District Court, Tarrant County, Texas
Successful prosecution against pharmaceutical company for damages to client’s heart valve and other personal injuries arising from Phen-fen.
• Timothy Gary Hutchens v. Smith & Nephew, Cause No. DC-13-13707; 44th District Court, Dallas County, Texas
Successful prosecution against manufacturer of defective hip implant device for personal injuries and products liability. Confidential settlement reached.
• Daniel & Linda Ortman v. Tenet Hospital d/b/a Doctors Hospital, et al; Cause No. 00-03949; County Court at Law No. 3, Dallas County, Texas
Successful prosecution of claims against hospital for negligence resulting in brain damage and other personal injuries to a child due to ischemia. Confidential settlement reached after a three-week jury trial.
• Robert Bosworth v. Brian Bosworth, Cause No. 296-040982012, 296th District Court, Collin County, Texas
Unsuccessful trial verdict after 1-week jury trial to set aside a deed based upon fraud perpetrated by brother against his sister.
Medical Malpractice:
• Lisa Gann Shear v. Lee Clayton, D.D.S., Cause No. CV-14-0607; 59th District Court, Grayson County, Texas
Successful prosecution of dental malpractice due to injuries caused by osteomyelitis. Confidential settlement reached.
• Doris and Jeffrey Cheshier v. David Foskick, M.D., et al, Cause No. 92-12184; 160th District Court, Dallas County, Texas
Unsuccessful prosecution of physicians for wrongful death and medical malpractice during heart bypass surgery, due to excess of Protamine.
• Dennis Cecil v. David Cook, M.D., et al, Cause No. 85-5064; 191st District Court, Dallas County, Texas
Successful prosecution and trial verdict after two-week trial, for brain damage injuries to a child caused during labor due to ischemia and asphyxia.
• Grinnan v. Craig Thompson, M.D. & St. Paul Hospital, et al; Cause No. 83-10666; 14th District Court, Dallas County, Texas
Successful prosecution against physicians for medical malpractice which resulted in urologic injuries. Confidential settlement reached.
Wrongful Death:
• The Estate of Irene Esther Arancibia v. UTSW Medical Center, et al, Cause No. 04-07439; 192nd District Court of Dallas County, Texas
Successful prosecution of medical malpractice and hospital negligence resulting in wrongful death due to fistula and improper management. Confidential settlement reached after successful appeal.
• Davis v. Cooper B-Line & Cooper Industries. Case No. 04-1863; 59th District Court of Grayson County, Texas
Successful prosecution of company negligence which cause the wrongful deaths of two employees. Confidential settlement reached.
• Sheila Shultz, on behalf of the Estate of Darla Blackmon v. UT Medical Branch at Galveston, et al, Case No. COT-01-33769; 52nd District Court of Coryell County, Texas
Successful prosecution of wrongful death due to medical malpractice failure to diagnose and treat pneumonia. Confidential settlement reached after successful appeal.
• Estate of Craig Calk v. Holiday Inns, Inc., Cause No. 88-9941-B
Successful prosecution of wrongful death due to fall from hotel caused by negligent window installation. Confidential settlement reached.
Published Appeals:
UTSW Medical Center at Dallas v. The Estate of Irene Esther Arancibia; Case No. 05-07-00499; Fifth District of Texas at Dallas
University of Texas Medical Branch at Galveston v. The Estate of Darla Blackmon, by its Beneficiary Shelia Shultz; Cause No. 10-03-0093-CV; Tenth District of Texas at Waco
17090 Parkway, Ltd. v. David McDavid, Trustee & Steve Dieb, Case No. 05-00-01362; 5th District Court of Appeals at Dallas
University of Texas at Arlington v. William Bishop, Case No. 02-98-274-CV; Second Court of Appeals, Fort Worth, Texas
Daniel T. Dewald v. The Home Depot, et al, Case No. 05-98-00013-CV; 5th District of Texas at Dallas
St. Paul Medcal Center, et al v. Dennis Cecil, et al, Case No. 05-91-01036-CV; 5th District of Texas at Dallas
APGM Limited Partnership v. DAP Food Management Service, Inc.; Case No. 02-00256; 2nd District of Texas at Ft. Worth
HMS Wynngate 04, Ltd. v. Texas Sotherby Homes, Inc. f/k/a/ Shaddock Builders and Developers, Inc., d/b/a/ Sotherby Homes, Cause No. 2013-50941-367, 367th Judicial District, Denton County, Texas; 2nd Court of Appeals 02 (Tex. App.- Ft. Worth 2016)
Some Representative Clients:
• American Realty Investors, Inc., EQK Holdings, Inc., and related companies
• Capital Title of Texas
• Silverstar Title (Sendera Title)
• Shaddock Homes
• Shaddock Developers
• Chuck Fairbanks Chevrolet
• Friendly Chevrolet
• David McDavid and David McDavid Auto Group
• Tekmak Development
• Oak Hill Academy
PROFESSIONAL LICENSES, ACTIVITIES AND MEMBERSHIPS
• Licensed/Admitted to the State Bar of Texas by the Texas Supreme Court – 1978
• Licensed/Admitted to the United States District Court Northern District of Texas – 1982
• Licensed/Admitted to the United States District Court Southern District of Texas – 2000
• Licensed/Admitted to the United States District Court Western District of Texas – 1994
• Licensed/Admitted to the United States District Court Eastern District of Texas – 1999
• Licensed/Admitted to the Fifth Circuit Court of Appeals – 2007
• American Board of Trial Advocates (ABOTA) - Associate, 2005
• Dallas Trial Lawyers Association
• Texas Trial Lawyers Association
- Bachelor of
Science, Zoology,
Texas
A & M University, 1974
Cum Laude graduate
Baylor University
School of Law, 1977
Baylor Practice
Court Program, 1977
Awards:
Outstanding
Advocate Award
First Place and
Best Speaker Honors
- 1978
- 1982 Assistant District Attorney,
Chief Felony
Prosecutor
Dallas County
District Attorney Office
Henry Wade,
District Attorney
Chief of
Commercial Fraud Section,
Specialized Crime Division, 1980-1982
Involved investigation, indictment, prosecution and trial of felony white collar crime cases including felony theft, embezzlement, financial fraud, securities fraud, misapplication of fiduciary property and public corruption and official abuse
- 1982
- present KELSOE, KHOURY, ROGERS & CLARK, PC.
Current practice primarily includes business litigation and representation of business interests including:
Business and partnership disputes,
including breach of fiduciary duty
o Business and partnership disputes, including breach of fiduciary duty
o Commercial transactions, including contractual disputes, consumer litigation, fraud and DTPA litigation, franchisor/franchisee disputes
o Real estate matters including real estate development, acquisitions, title company issues, leases, eminent domain, landlord/tenant disputes, condominium and homeowner issues
o Business and partnership disputes, including breach of fiduciary duty
o Commercial transactions, including contractual disputes, consumer litigation, fraud and DTPA litigation, franchisor/franchisee disputes
o Real estate matters including real estate development, acquisitions, title company issues, leases, eminent domain, landlord/tenant disputes, condominium and homeowner issues
Business and partnership disputes, including breach of fiduciary duty
Commercial transactions, including contractual disputes, consumer litigation, fraud and DTPA litigation, franchisor/franchisee disputes
Real estate matters including real estate development, acquisitions, title company issues, leases, eminent domain, landlord/tenant disputes, condominium and homeowner issues
Construction litigation involving commercial, residential and pipeline construction, which includes the representation of owners, general contractors and subcontractors.
Past practice included significant experience in:
Wrongful death cases
Catastrophic personal injury
Medical malpractice
Products liability
Premises liability
Current practice still involved with such cases.
Commercial transactions, including contractual disputes, consumer litigation, fraud and DTPA litigation, franchisor/franchisee disputes
Real estate matters including real estate development, acquisitions, title company issues, leases, eminent domain, landlord/tenant disputes, condominium and homeowner issues
Past practice included significant experience in:
Wrongful death cases
Catastrophic personal injury
Medical malpractice
Products liability
Premises liability
Wrongful death cases
Catastrophic personal injury
Medical malpractice
Products liability
Premises liability
Current practice still involved with such cases
Significant Past
and Current Litigation/Trial Matters:
David M. Clapper,
et.al v. American Realty Investors, Inc., et al, Cause No. 3:14-CV-02970-D, US District Court, Northern District of
Texas, Dallas Division
Defense of corporate
clients in suit arising from ART Midwest, Inc.,
and American Realty Trust, Inc., v. David Clapper, et al, Cause No.
3:99-CV-2355-R, US District Court, Northern District of Texas, Dallas, Division, involving Federal RICO claims and alleged
fraudulent transfer of commercial assets.
Lakefront Trail Rockwall Hotel v. Albertelli
Construction, Inc., et al, Cause No. 1-17-0359, 382nd District
Court, Rockwall County, Texas
Representation of owner in suit for
damages in excess of $2 million against general contractor regarding the
commercial development of a hotel in Rockwall, Texas.
Rayford-Richard
Property, LP, David Ikeler, et al v. Robert Turk, et al, Cause No. 2016-70763, 152nd District Court of Harris
County, Texas
Prosecution and
settlement of 17 lawsuits in Harris county involving partnership disputes,
breach of fiduciary duty and dissolution of all partnerships.
J7 Contractors v.
OneOk Partners, LP,
Cause No. 09-172-A, 77th District Court, Freestone County, Texas
Successful prosecution
of a multi-party case against the owner of a natural gas pipeline in Colorado,
regarding a multi-million dollar damage claim due to breach of contract in the
construction of the gas pipeline in Colorado.
Confidential settlement reached.
Shaddock
Developers, Ltd. v. C&P Engineering; Cause No. 09-05034; 162nd
District Court, Dallas County, Texas
Successful
prosecution of engineering malpractice and negligence in construction of
multi-family subdivision. Confidential
settlement reached.
107090 Parkway Ltd., v. David McDavid, Trustee and
Steve Dieb,
Cause No. 05-00-01362: 5th District Court of Appeals, Dallas, Texas
Successful defense of alleged breach
of real estate purchase contract and successful counter-claim for damages in
trial verdict and appeal to the Texas Supreme Court.
Daniel Dewald v.
Home Depot,
Cause No. 04-06862, 134th District Court of Dallas County, Texas
Successful
prosecution of wrongful termination and defamation. Case concluded with a confidential settlement
after a successful appeal to the Dallas Court of Appeals.
Shumate
Installations, Inc. v. Patella Manufacturing, Inc., Cause No.
97-10452; Dallas County, Texas
Successful prosecution of breach of
contract against general contractor in a high-rise construction case.
Confidential settlement reached.
Raul Juarez v.
Barnes Real Estate Services, et al, Cause No. 96-05811-B, 44th
District Court of Dallas County, Texas
Successful prosecution of personal
injury case against owner of apartment complex. Confidential settlement
reached.
Lanny Houillion v.
The Clorox Company,
Cause No. 95-8854B; County Court at Law No. 2, Dallas County, Texas
Case involved successful prosecution
of products liability suit involving property damages resulting from cleaning
product.
Gunn, et al v.
Brice Foods and I Can’t Believe It’s Yogurt, Ltd., Cause No.
95-01770-E, 101st District Court of Dallas County, Texas
Successful prosecution
of company for product fraud and breach of franchise agreement. Confidential
settlement reached after two-week jury trial and successful appeal to Dallas
Court of Appeals.
L&L Manufacturing, Inc. v. Phillip Vogel & Co., Cause No.
85-16484; 193rd District Court of Dallas County, Texas
Successful prosecution
of accounting firm for accounting malpractice, fraud and breach of fiduciary
duty, etc. Confidential settlement
reached after two-week trial during jury deliberations.
Ruthie Alford v. Michael Endler, MidSouth Baking Co.,
LLC., et al,
Cause No. 06-250A, 77th District Court, Freestone County, Texas
Case involved successful prosecution
of personal injury claims resulting from 18-wheeler collision.
Jason Harper and
Summer Smith, as Parents of Gracie Smith, a minor v. Economy Inn Motel, Cause No.
74726-CV- 23rd District Court of Brazoria County, Texas
Case involved
successful prosecution of serious hand injuries and amputation of fingers to a
child. Confidential settlement reached.
Joan Wolfe v. AH
Robbins, et al;
Cause No. 141-178145-99; 141st District Court, Tarrant County, Texas
Successful prosecution against
pharmaceutical company for damages to client’s heart valve and other personal
injuries arising from Phen-fen.
Timothy
Gary Hutchens v. Smith & Nephew, Cause No. DC-13-13707; 44th
District Court, Dallas County, Texas
Successful
prosecution against manufacturer of defective hip implant device for personal
injuries and products liability.
Confidential settlement reached.
Daniel
& Linda Ortman v. Tenet Hospital d/b/a Doctors Hospital, et al; Cause No.
00-03949; County Court at Law No. 3, Dallas County, Texas
Successful prosecution
of claims against hospital for negligence resulting in brain damage and other
personal injuries to a child due to ischemia.
Confidential settlement reached after a three-week jury trial.
Robert Bosworth v.
Brian Bosworth, Cause No. 296-040982012,
296th District Court, Collin County, Texas
Unsuccessful trial
verdict after 1-week jury trial to set aside a deed based upon fraud
perpetrated by brother against his sister.
Medical
Malpractice:
Lisa Gann Shear v.
Lee Clayton, D.D.S.,
Cause No. CV-14-0607; 59th District Court, Grayson County, Texas
Successful prosecution of dental
malpractice due to injuries caused by osteomyelitis. Confidential settlement reached.
Doris and Jeffrey
Cheshier v. David Foskick, M.D., et al, Cause No. 92-12184; 160th
District Court, Dallas County, Texas
Unsuccessful prosecution of
physicians for wrongful death and medical malpractice during heart bypass
surgery, due to excess of Protamine.
Dennis Cecil v.
David Cook, M.D., et al, Cause No. 85-5064; 191st District Court,
Dallas County, Texas
Successful prosecution and trial
verdict after two-week trial, for brain damage injuries to a child caused
during labor due to ischemia and asphyxia.
Grinnan v. Craig
Thompson, M.D. & St. Paul Hospital, et al; Cause No. 83-10666; 14th
District Court, Dallas County, Texas
Successful prosecution against
physicians for medical malpractice which resulted in urologic injuries.
Confidential settlement reached.
Wrongful Death:
The Estate of
Irene Esther Arancibia v. UTSW Medical Center, et al, Cause No.
04-07439; 192nd District Court of Dallas County, Texas
Successful
prosecution of medical malpractice and hospital negligence resulting in
wrongful death due to fistula and improper management. Confidential settlement reached after
successful appeal
Davis v. Cooper
B-Line & Cooper Industries. Case No. 04-1863; 59th
District Court of Grayson County, Texas
Successful
prosecution of company negligence which cause the wrongful deaths of two
employees. Confidential settlement reached.
Sheila Shultz, on
behalf of the Estate of Darla Blackmon v. UT Medical Branch at Galveston, et al, Case No.
COT-01-33769; 52nd District Court of Coryell County, Texas
Successful prosecution
of wrongful death due to medical malpractice failure to diagnose and treat
pneumonia. Confidential settlement reached after successful appeal.
Estate of Craig
Calk v. Holiday Inns, Inc., Cause No. 88-9941-B
Successful prosecution
of wrongful death due to fall from hotel caused by negligent window
installation. Confidential settlement
reached.
Published
Appeals:
UTSW
Medical Center at Dallas v. The Estate of Irene Esther Arancibia; Case No.
05-07-00499; Fifth District of Texas at Dallas
University
of Texas Medical Branch at Galveston v. The Estate of Darla Blackmon, by its
Beneficiary Shelia Shultz; Cause No. 10-03-0093-CV; Tenth District of Texas at
Waco
17090
Parkway, Ltd. v. David McDavid, Trustee & Steve Dieb, Case No.
05-00-01362; 5th District Court of Appeals at Dallas
University
of Texas at Arlington v. William Bishop, Case No. 02-98-274-CV; Second Court of
Appeals, Fort Worth, Texas
Daniel
T. Dewald v. The Home Depot, et al, Case No. 05-98-00013-CV; 5th
District of Texas at Dallas
St.
Paul Medcal Center, et al v. Dennis Cecil, et al, Case No.
05-91-01036-CV; 5th District of Texas at Dallas
APGM
Limited Partnership v. DAP Food Management Service, Inc.; Case No.
02-00256; 2nd District of Texas at Ft. Worth
HMS Wynngate 04,
Ltd. v. Texas Sotherby Homes, Inc. f/k/a/ Shaddock Builders and Developers,
Inc., d/b/a/ Sotherby Homes, Cause No. 2013-50941-367, 367th
Judicial District, Denton County, Texas; 2nd Court of Appeals 02 (Tex. App.- Ft. Worth 2016)
Some
Representative Clients:
American Realty Investors, Inc., EQK
Holdings, Inc., and related companies
Capital Title of Texas
Silverstar Title (Sendera Title)
Shaddock Homes
Shaddock Developers
Chuck Fairbanks Chevrolet
Friendly Chevrolet
David McDavid and David McDavid Auto Group
Tekmak Development
Oak Hill Academy
PROFESSIONAL
LICENSES, ACTIVITIES AND MEMBERSHIPS
Licensed/Admitted
to the State Bar of Texas by the Texas Supreme Court – 1978
Licensed/Admitted to the United States District Court
Northern District of Texas – 1982
Licensed/Admitted to the United States District Court
Southern District of Texas – 2000
Licensed/Admitted to the United States District Court
Western District of Texas – 1994
Licensed/Admitted to the United States District Court
Eastern District of Texas – 1999
Licensed/Admitted to the Fifth Circuit Court of
Appeals – 2007
American Board of Trial Advocates (ABOTA) - Associate, 2005
Dallas Trial Lawyers Association
Texas
Trial Lawyers Association
