1/28/2020 Hawxhurst Harris Turns the Table on Adversary: Firm Obtains Summary Dismissal of Multimillion Dollar Claims Against Our Client and Will Proceed to Trial of Client’s Counterclaims Only

On January 28, 2020, the Firm obtained a complete defense victory in a case it took over from a major “Big Law” firm because its billing rates were making a proper defense economically unfeasible for our client.

Plaintiff alleged that the Firm’s client (an international petroleum service company) had engaged in fraud, negligent misrepresentation, and breach of contract in connection with a potential acquisition of plaintiff’s pipeline service business. Plaintiff sought more than $12 million in damages. After taking over the case, the Firm successfully moved to dismiss part of the complaint and simultaneously filed a counter suit on behalf of our client, which the Court consolidated with the pending action. The Firm conducted focused discovery of one witness and an expert (we obtained informal discovery from other witnesses for use at trial).

The deposition testimony formed the basis of our summary judgment motion, which the Honorable David Hittner of the Southern District of Texas granted against each of plaintiff’s causes of action. All that remains in the case are the client’s counterclaims that are scheduled to be tried later this year. At bottom, the Firm turned our client from a naked defendant without counterclaims into the plaintiff—a great position to be in.