LEGAL MALPRACTICE/ATTORNEY MISCONDUCT DEFENSE

Served as an expert witness in attorney malpractice and breach-of-fiduciary-duty cases, testifying on behalf of both plaintiffs and defendants.

Obtained a summary judgment dismissing claims against a large international law firm brought by the firm's former client. The client alleged the firm breached its fiduciary duty by assisting the former client's business partners in transactions adverse to the former client.

Represented a large regional firm against claims brought by the bankruptcy trustee of a former client alleging the firm aided and abetted the client’s allegedly fraudulent business practices. The plaintiff sought over $129 million in damages. Kelli negotiated a resolution prior to any ruling on the firm’s motion to dismiss.

Obtained dismissal under the TCPA of breach-of-fiduciary-duty claims against a large international law firm based on the firm’s representation of parties in litigation adverse to a former client.

Represented a law firm accused of failing to appropriately advise the client’s board of directors that the client was involved in allegedly abusive tax shelters and fraud. The lawyer in charge served as outside counsel and was an investor in the company. Kelli was able to negotiate a confidential settlement.

Won a motion to dismiss the claims against a prominent Dallas attorney who served as outside counsel and on the board of directors for a privately-traded company that ultimately filed bankruptcy. The plaintiff’s bankruptcy trustee claimed, among other things, that the lawyer breached his fiduciary duty and had a conflict of interest. Plaintiff sought over $27 million.

Obtained summary judgment in bankruptcy court on a legal malpractice claim against a large international law firm arising out of alleged malpractice in connection with out-of-court restructuring negotiations and bankruptcy. The court found that plaintiff’s fraud claims were an impermissible attempt to fracture its malpractice claims and held that the rest of plaintiff’s claims were barred by the doctrines of res judicata and judicial estoppel. The summary judgment was affirmed on appeal to the district court.

Represented two attorneys in federal court in a case alleging RICO violations, fraud, and other causes of action arising out of an alleged conspiracy between certain lawyers and chiropractors to defraud the plaintiff insurance company in connection with personal injury claims. Plaintiff dismissed our clients before it was required to respond to the attorneys’ motion to dismiss.

Successfully represented a prominent Dallas law firm against a sanctions motion seeking, among other things, to void the clients’ settlement agreement based on alleged misrepresentations at mediation.

COMMERCIAL LITIGATION

Obtained a take-nothing judgment for a tech company client after a 6-day arbitration. The plaintiff alleged the client had violated the earn-out provision in the agreement to buy his company and sought over $5 million.

Represented attorney who was a member of a company specializing in the consignment and sale of jet engine parts against claims that he breached his fiduciary duties to his former employer in connection with setting up the business and that he defrauded another member in the business. Plaintiffs sought over $180 million. The parties reached a confidential settlement.

Obtained summary judgment based on limitations in case alleging fraud in connection with the procurement of government contracts.  Affirmed on appeal.

Obtained reversal of an $88 million judgment in a case brought by a minority shareholder alleging shareholder oppression, malicious suppression of dividends, breach of contract, and derivative claims against the majority shareholder. The Dallas Court of Appeals reversed and rendered, ordering that plaintiff take nothing.

Represented a major airline in a construction dispute in which the contractor alleged over $17 million in damages. The parties reached a confidential settlement after the airline prevailed on numerous pretrial motions.

Represented officers and directors against claims for breach of fiduciary duty, negligence, fraud, fraudulent transfers, and other claims arising out of the bankruptcy of a large food distribution company. The plaintiff sued 26 defendants, asserted 27 causes of action, and sought in excess of $300 million in alleged damages. The parties reached a confidential settlement.

Represented a publicly-traded oil and gas company in an oil pollution case filed by a land-owner seeking over $38 million in alleged clean up costs under the federal Oil Pollution Act. The district court granted summary judgment, which was affirmed on appeal to the Fifth Circuit, on the basis that the discharges of oil and salt water about which the plaintiff complained were not discharges into “navigable waters” and, therefore, were not covered by the Oil Pollution Act.

MEDICAL MALPRACTICE DEFENSE AND HEALTHCARE LITIGATION

Obtained summary judgment for a hospital in a medical malpractice case by knocking out the plaintiff’s expert on causation. The case was affirmed on appeal, and the Texas Supreme Court denied the petition for review.

Represented a Dallas-area hospital in prosecuting fraud claims against several individuals involved in a scheme to sell the hospital substandard MRI and Cath Lab equipment. The hospital was able to negotiate a settlement with the defendants, and the individual defendants either pleaded guilty to or were convicted of federal crimes in connection with the scheme.

Represented a physician in litigation against her former practice group over the value of her equity in the company. The parties reached a confidential settlement.

Represented hospitals and doctors throughout Texas in medical malpractice cases involving, among other types of injuries, anoxic brain injuries, spinal cord injuries, shoulder dystocia, endocarditis, sepsis, broken hips, and bed sores.

Obtained dismissal for the chairman of the board of a national hospital organization in a medical malpractice case. The jury later awarded over $22 million against the remaining defendant.

In a case alleging sexual assault by a healthcare provider, obtained a partial summary judgment for the hospital on the basis that the sexual assault, if it occurred, was not within the course and scope of the healthcare provider’s employment with the hospital.

NON-COMPETE AND TRADE SECRET LITIGATION

Obtained multiple injunctions in favor of an insurance brokerage company against former employees who went to work for competitors and violated their non-competition agreements.

Obtained summary judgment on the enforceability of a non-competition agreement that prohibited “acceptance” of business from former customers as well as “solicitation.”

Obtained injunction against a former employee of a large national home health company who went to work for a competitor and began soliciting the former employer’s employees, patients, and referral sources.

Successfully defended a medical device rep against claim that he was violating his non-competition agreement with his former employer. Negotiated a resolution prior to any discovery or significant activity in the case.