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Supplier Wins Victory Over Buyer That Did Not Pay

November 2009

After about a seven day jury trial, Elizabeth Kellow helped a large industrial laminate supplier win a verdict and Federal Court Judgment against a buyer that had ordered, received, used and transferred downstream goods without either paying for or returning them. The buyer had raised numerous defenses and twelve counterclaims ranging from alleged breach of contract to misappropriation of trade scecrets, even seeking an injunction to completely bar the supplier from selling certain lines of products. The Judgment awarded the supplier all of the amounts owed, plus interest, attorneys' fees and court costs and awarded the delinquent buyer nothing. You may read the Jury's Verdict HERE and the Final Judgment HERE.

 

Billionaires' Battles Teach Arbitration Lessons

October 2, 2009

Jacob Marshall authored this editorial, published in the Dallas Business Journal about business disputes between companies, their executives and owners and the many companies that, wary of courts and juries, contractually mandate that disputes be resolved through “private” arbitration. Recent high-profile battles involving Dallas billionaires Mark Cuban and Harold Simmons and their companies, however, demonstrate that arbitration, long touted as cheaper, faster, confidential and less risky, does not always deliver on these promises. Read Jacob Marshall's Full Article HERE or on the Dallas Business Journal website HERE.

 

Follow The Money: Increasing the Chances of Recovery

September 2009

Jacob Marshall also authored this article, teaching lessons on how to optimize a recovery of damages after winning a lawsuit, published in the Dallas Bar Association Headnotes. Read Jacob Marshall's full article HERE or on the DBA web site HERE.

 

Review and "Appeals" of Arbitration Decisions Are Quite Limited and Cannot Be Expanded by the Parties' Agreement

September 2009

Together with Brandy Wingate, Senior Staff Attorney for the Corpus Christi Court of Appeals, Elizabeth Kellow authored this article, which reports on developments after the US Supreme Court's holding in Hall Street Associates v. Mattel that parties cannot expand the breadth of depth a Court's power to vacate or modify an arbitrator's award and on some courts finding that Hall Street prohibits Courts from vacating an arbitration decision even if the arbitrator's ruling manifestly disregarded the law. Read Elizabeth Kellow's and Brandy Wingate's Full Article HERE.

 

Battling Shareholder Oppression.

September 2008. Marshall & Kellow represented several minority shareholder/employees in a dispute with the two controlling shareholders of a small corporation who were acting in their own best interests and contrary to the interests, financial and otherwise, of the other shareholders and the corporation. In only a few months, and without even having to file a lawsuit, Marshall & Kellow helped the oppressed shareholders give notice of their claims, impose controls on the misbehaving management and ultimately negotiate the resignation and dissassociation of both from the company. Read what the victorious shareholders and officers said about Marshall & Kellow's work for them.

"Once again, I cannot tell you how much I appreciate your unending patience, tenacity and superb legal counseling throughout the process of removing the inappropriate management under which [our corporation] was operating. I admire your integrity and the high level of ethics to which Marshall & Kellow adheres." Linda G, Treasurer and CFO.

"On behalf of all of us at [the corporation], I would like to thank you for your hard work, perseverance and most importantly your patience. As you know this has been a very difficult and stressful situation for all of us. I have been through a similar, equally painful exercise in a previous life and unfortunately, it was our Attorney that was the source of most of the frustration. This is the complete opposite with regard to working with you and your firm. My belief is that we would still be fighting this battle had you not been willing to be patient in working with us." Mike C, Vice President.

 

What Kind Of Lawyer Do you Want?

February 2008. Avoid this common mistake when selecting your lawyer. Read The Myth of the Junkyard Dog Lawyer by Jacob Marshall. Click here or here to view the Article as recently published in the Dallas Business Journal.

Marshall & Kellow stand ready to handle your business disputes and do their utmost to win for you before or at trial.

 

Battling Fraud in a Real Estate Transaction, DTPA and Contract Claims.

In October of 2007, Marshall & Kellow tried an 8 day jury trial on behalf of the defendants, resulting in a jury verdict that plaintiff shall recover nothing from Defendants in this multi-million dollar lawsuit alleging real estate fraud and breach of contract, among many other claims. This verdict is the culmination of a defense that began with Marshall & Kellow obtaining an order vacating a default summary judgment against the defendants in excess of $5 million, entered in late 2006 when another attorney represented the clients.  Before trial, Marshall & Kellow’s discovery of the facts and motions resulted in plaintiff giving up on his DTPA-consumer protection claims. During trial, the Court granted Marshall & Kellow's motions for judgment against plaintiff's claims seeking to impose liability upon a shareholder-defendant of a closely-held family corporation, as well as judgment against plaintiff on all of his negligence and negligent misrepresentation claims.  The Court also granted Marshall & Kellow’s motions to strike the so-called “expert” opinions of the plaintiff himself. Then after almost 8 days of testimony, documentary evidence and argument, the jury promptly returned a verdict answering every single question in Marshall & Kellow's clients' favor, agreeing that the defendants are not liable for and should pay nothing on any of plaintiff's claims and that plaintiff should pay the defendants' Court costs. The Court signed a Final Judgment in favor of Marshall & Kellow's clients on November 13, 2007.

************* Click Here to See Final Judgment in Favor of M&K's Clients *************

Marshall & Kellow would like to thank our client representative in this case, a remarkable gentleman whose encouragement and faith through this process were inspiring. Likening his situation to the Biblical story of David and Goliath, our client referred to Elizabeth Kellow and Jacob Marshall as two of his smooth stones, symbolizing the weapons David used to vanquish his mighty foe.

In November of 2006, Elizabeth Kellow and Jacob Marshall obtained justice for clients who already had lost a judgment for more than $5,500,000 while the clients were represented by a different attorney. Hired within days after the judgment, Marshall & Kellow quickly prepared, filed and won their post-judgment motions that vacated plaintiff's judgment on claims of fraud, alleged DTPA (Deceptive Trade Practices Act) violations, breach of contract and attempts to pierce the corporate veil to make a shareholder liable for the corporation's alleged acts. Marshall & Kellow won a new trial, and their clients will now be heard. So, if your lawsuit has slipped off-track, act quickly and see if Marshall & Kellow can help you.

 

Battling Insurance Companies.
In April of 2007, Marshall & Kellow persuaded a Health Insurance Provider to voluntarily withdraw its improper attempt to cancel employee Group Health coverage for the Policy Holder. Marshall & Kellow achieved this continued coverage for its client without even filing a lawsuit. If you feel your insurance company is not treating you as it should, contact Marshall & Kellow and see if we can help you.

 

What happens to your Insurance Coverage if you are unable to pay your Policy's Deductible or Retention amount? Click here to read an article on this topic.

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