December 29, 2016 | By McCathern Law
We strive to provide the best client service possible and focus on our mission of Improving People’s Lives daily. Here are a few examples out of countless successful outcomes we’ve achieved on behalf of our clients.
McCathern Houston Achieves Big Win
Attorneys: Rodney L. Drinnon and Isaac Villarreal
Rod Drinnon and Isaac Villarreal of McCathern’s Houston office successfully defended a Dram Shop case where the plaintiffs were seeking $4.5 million in damages. After enduring almost every obstacle imaginable, the jury found zero liability for our client. Congrats to Rod and Isaac and the rest of the Houston team on this big win!
McCathern Appellate Victory Revives Client’s Case and Sets New Precedent for Commercial Disputes
Attorney: Jesse Hoffman
Plaintiff filed claims against McCathern’s mortgage banking client using a procedural mechanism called a “Suite on Sworn Account.” When properly raised, this procedure eliminates certain evidentiary burdens and expedites a plaintiff’s well-documented contract claim. It can also be used improperly to exploit unseemly procedural loopholes, as was the case here. Summary Judgment was granted against our client on this basis and McCathern immediately appealed the ruling. In a unanimous decision, the Appellate Court reversed the improper Summary Judgment ruling, and it adopted precedent to close those loopholes and provide much greater protections for commercial defendants in the future.
McCathern prevails again for national retail store client
Claimant filed suit against her employer (a national retail store), alleging that she suffered a shoulder injury as a result of negligence on the part of the employer. At the final Arbitration Hearing, Claimant sought $500,000 in damages, claiming that future shoulder surgeries were necessary and/or reasonably expected. Partner Jeff C. Wright and the McCathern firm successfully defended the employer in the lawsuit, ultimately prevailing at the conclusion of the Arbitration hearing. After all of the live testimony and evidence was submitted in Arbitration, the Arbitrator found that the national retail store was not negligent and ordered that Claimant take nothing by her lawsuit.
McCathern wins arbitration for national retail store client
McCathern successfully defended their client, a national retail store, in a lawsuit filed by a Claimant who alleged that she suffered and on-the-job injury while working as a Store Manager at one of its Texas locations. Claimant asserted various negligence claims against her employer and sought more than $300,000 in damages for the alleged shoulder injury. The case was tried in front of an Arbitrator in Dallas. After Arbitration, both parties submitted post-hearing briefing. In the end, the Arbitrator found that the national retail store provided a safe workplace and did not fail to train Claimant. The Arbitrator ordered that Claimant take nothing by her lawsuit and dismissed all of her claims.
McCathern Partner achieves arbitration win for large retail client
Attorney: Jennette E. DePonte
Claimant alleged that she suffered an on-the-job injury and asserted negligence claims against her employer seeking more than $95,000 in damages. The case was tried in front of an Arbitrator, and after Claimant’s case in chief, McCathern moved for directed verdict arguing Claimant’s lack of expert testimony to prove liability. The Arbitrator orally granted McCathern’s motion and ordered that Claimant take nothing by her lawsuit and dismissed her claims in their entirety.
McCathern, PLLC wins improbable summary judgment in client’s favor in complex contractual dispute
Attorneys: Jesse Hoffman and Christopher L. Johnson
Plaintiff sued a construction company regarding a contractual dispute. Prior to retaining McCathern, the construction company failed to file an answer leading to the court entering a default judgment against it for around $830,000.00. Months after the court entered this construction company entered this default judgment, and well after nearly all appellate deadlines had passed, the construction company retained McCathern to undo the damage. Through a seldom-used and highly restricted appellate mechanism, McCathern partner, Jesse Hoffman succeeded in having the entire damage award reversed by the Court of Appeals. On remand to the district court, McCathern’s attorneys, Jesse Hoffman and Chris Johnson, obtained summary judgment and had the Plaintiff’s case dismissed entirely.
Summary Judgment prompts successful resolution of premises liability matter for McCathern’s retail client
Client: Stage Stores, Inc.
Attorneys: Levi G. McCathern, II and Ty M. Sheaks
Plaintiffs asserted negligence and premises liability claims for severe injuries allegedly sustained after slip-and-fall on foreign substance on floor. McCathern’s implementation of an aggressive strategy and detailed deposition of Plaintiff set the stage for the filing of a summary judgment motion, which prompted successful resolution of the matter.
McCathern Partner obtains a seven-figure settlement for individual client against famous art gallery
Attorney: Carl L. Evans, Jr.
McCathern’s client originally purchased a painting by one of America’s most famous illustrators and artists, believing such painting had once been the cover for an issue of a popular American magazine. He did so as an investment. While a painting by that famous artist had once been the magazine’s cover, the painting actually purchased had not. Partner Carl L. Evans, Jr. filed suit against the gallery for providing false information related to the painting purchased by his client. After the gallery repeatedly refused to admit to any wrongdoing, Evans was able to obtain a seven-figure settlement on behalf of his client from the gallery.
McCathern attorney successfully resolves FLSA claims pending in state court as well as federal class action for healthcare client.
Attorney: Ty M. Sheaks
Two former employees asserted FLSA claims against McCathern’s client, a professional medical services provider, as well as filing a class-action matter in Federal Court. After negotiating dismissal of the federal class action, McCathern’s detailed analysis of the relevant evidence and common-sense approach prompted successful resolution of the remaining FLSA claims pending in state court.
McCathern attorneys successfully resolve civil wrongful death lawsuit on behalf of franchisee for national restaurant chain
Attorneys: Carl L. Evans, Jr. and Ty M. Sheaks
Plaintiffs asserted wrongful death, negligence and gross negligence claims against franchisee for national restaurant chain as well as the national restaurant chain itself for the tragic murder of their adult-son during a delivery as a driver for the franchisee. McCathern attorneys assisted the District Attorney’s Office during the criminal investigation and murder trial of the alleged attackers, which resulted in conviction and life imprisonment of the alleged shooter. Thereafter, McCathern attorneys meticulously implemented an aggressive common-sense approach to the civil matter, which resulted in a successful resolution of the matter on behalf of the franchisee client.
March 23, 2015
Arbitrator granted summary judgment in favor of McCathern’s retail client
Client: Dollar General
Claimant alleged that he suffered an on-the-job injury. He asserted negligence claims against his former employer and sought six-figure damages. McCathern took an aggressive approach and filed a Motion for Summary Judgment based on the claimant’s inconsistent testimony. The arbitrator reviewed the motion and requested that the parties conduct additional briefing on several issues in dispute. After reviewing all evidence and pleadings, the arbitrator granted summary judgment in favor of McCathern’s client and dismissed claimant’s claims.
March 17, 2015
McCathern, PLLC wins summary judgment in complex ERISA dispute
Client: Midlands Claim Administrators
Attorneys: Carl L. Evans, Jr. and Jesse Hoffman
Plaintiff sued the administrator of his Long Term Disability Plan, a McCathern client, and he sought half a million dollars in damages for their denial of his claim under the plan. Plaintiff raised a myriad of complex challenges to our client’s interpretation of the plan documents and assessment of his medical condition, and he sought to invoke strict limitations on the freedom of contract for ERISA regulated insurance agreements. Having exhausted every reasonable attempt to address his claims at mediation, McCathern attorneys returned to the courtroom to carefully detail the facts, narrow the scope of relevant law, and ultimately win final summary judgment on the merits for this ERISA insurance plan administrator and completely satisfied client of McCathern, PLLC.
March 12, 2015
McCathern attorney wins appeal for client and saves him $1.97 million
Attorney: Rodney L. Drinnon
McCathern Houston Partner Rodney L. Drinnon, successfully won the court appeal from the County Civil Court at Law No. 4 Harris County, Texas. He represented the appellant challenging a judgment entered against his client. Drinnon assisted in filing the plea to the jurisdiction to challenge the lack of subject-matter jurisdiction and fought for summary judgment. He argued the motion for summary judgment in a county civil court and lost. However, the appellate court ruled that that judgment against Drinnon’ s client should have never been entered. Drinnon won the appeal saving his client $1.97 million!
February 23, 2015
Arbitrator granted summary judgment in favor of McCathern’s staffing client
Client: Employee Solutions
Attorney: Carl L. Evans, Jr.
Claimant alleged that he suffered an on-the-job injury. He asserted negligence claims against his former employer and sought six-figure damages. McCathern aggressively defended its client, and filed a Motion for Summary Judgment to dismiss the claimant’s claims. After reviewing the evidence and each party’s arguments and pleadings, the arbitrator granted the motion in favor of our client.