Raymond Houde v. Pinnacle Engineering, Inc., Pinnacle Project Services, Inc., Jeffery Ligget & Terence Townend
Oct 15, 2013
OUTCOME: Jury verdict for $2,662,653
Counsel for Plaintiff, Raymond Houde, who was a facility manager and shareholder at Pinnacle Engineering and Pinnacle Project Services. Houde was notified on January 17, 2011 that he was being termina...ted for allegedly misrepresenting his educational background when he was hired. The Defendants also counterclaimed for over $2,000,000 seeking to rescind the written shareholder agreements in place with Houde and recover all funds paid to Houde during his employment. The jury found that the Defendants breached their contracts with Houde and that their conduct constituted minority shareholder oppression.
Litigation
Ibim B. Bobmanuel v. Proteam Healthcare Inc. and Karibi Briggs
Oct 20, 2010
OUTCOME: Directed Verdict - Defense
Facts:
In July 2009, plaintiff Ibim B. Bobmanuel, 40s, a home health care manager for Proteam Healthcare Inc., was fired. He claimed that his termination breached a partnership agreement with Karibi B...riggs.
Bobmanuel sued Proteam and Briggs for breach of contract and common law fraud, alleging that he had established Proteam and agreed to a partnership with Briggs, under which Briggs would own 40 percent of the company and Bobmanuel would own 60 percent.
The defense contended that Briggs alone established the company. Briggs denied any partnership and asserted defenses of fraud, statute of frauds, failure of consideration, waiver, unclean hands, and unconscionability.
Briggs said he had drafted a proposed 50-50 partnership agreement, but that the plaintiff had rejected it.
Briggs also counterclaimed, for fraud, breach of contract and breach of fiduciary duty. These claims related to a previous business venture.
Bobmanuel denied liability on the counterclaims.
The defense argued that, in discovery, Bobmanuel failed to adequately disclose his damages and the method of calculating them. The court sustained defense objections to any damages evidence.
Briggs sought a declaratory judgment that Bobmanuel was liable for certain debts of a previous venture. Those debts totaled about $500,000, defense counsel said.
ALM Properties, Inc.
Harris County District Court, 189th
PUBLISHED IN: VerdictSearch Texas Reporter Vol. 11, Issue 14
Litigation
Debra Mitchiner and James Mitchiner v. Forest River Inc.
Jun 02, 2009
OUTCOME: Verdict-Defendant
ATTORNEYS:
Plaintiff: Kerry L. Neves; Attorney at Law; Galveston, TX (Debra Mitchiner, Debra Mitchiner, James Mitchiner, James Mitchiner)
Defendant: Craig Dillard; Boyar & Miller; Houston, TX (Forest... River Inc.)
FACTS:
On May 23, 2006, plaintiffs Debra and James Mitchiner, 40s, business owners residing in Galveston County, purchased a 2006 Forest River Cardinal, a fifth-wheel recreational vehicle from a dealer in Alvin. The vehicle was manufactured by Forest River Inc., of Elkhart, Ind. The Mitchiners claimed that the RV had multiple quality-control issues.
The Mitchiners sued Forest River Inc. for violations of the Texas Deceptive Trade Practices Act, alleging that they relied on representations in a brochure from Forest River that said the 2006 Cardinal was reliable, well-constructed and would perform adequately. According to the Mitchiners' trial testimony, many of the RV's features did not function properly, including the propane regulator, satellite and cable systems, and sewage system.
The defense maintained not only that the RV was reliable and well-constructed but, also, that a later photo showed the plaintiffs smiling next to it on vacation. In addition, the defense argued, the plaintiffs did not have the brochure when they sued and could not recall the representations, and the plaintiffs did not rely on the brochure. The defense also said that their brochure was similar to other manufacturers's, contained mere puffery not in violation of the DTPA, and did not make the representations the plaintiffs said it did.
The defense argued that the Mitchiners enjoyed substantial use and benefit from the RV. On cross-examination, Debra Mitchiner said she wanted to keep it so they could continue camping. The Mitchiners also lived in the RV for 13 days after Hurricane Ike when their home was damaged.
Litigation
Falcon Physician Reviews Inc. v. Younan Hospitality Group LBJ Dallas L.P. d.b.a. Holiday Inn Select North Dallas
Jun 16, 2008
OUTCOME: RESULT: Verdict-Defendant (recovery of Defendant's attorney's fees)
Facts:
In 2005, plaintiff Falcon Physician Reviews Inc., a corporation specializing in educational seminars for physicians, entered into a contract with Younan Hospitality Group LBJ Dallas, the owner ...of the Holiday Inn Select North Dallas. The contract called for Falcon to hold 14 seminars in the hotel during 2006, during which the hotel would provide meeting rooms, lodging for participants and other services.
Falcon claimed that services included in the contact included wireless Internet service, storage space and a screen for audiovisual presentations. It contended that during the 2006 seminars the storage space and screen were not provided, and that students reported being unable to establish wireless Internet connections.
On July 15, 2006, Falcon notified Younan it was canceling its remaining seminars at the hotel.
Falcon sued Younan, alleging breach of contract, fraud and violations of the Texas Deceptive Trade Practices Act.
Younan denied the allegations. It claimed the storage space was provided, that the screen was available but Falcon chose to bring its own, and that the contract called for T1 Internet service, which was provided, not wireless service.
Younan countersued Falcon, claiming breach of contract. Younan claimed Falcon's cancellation of the remaining seminars was a breach of the contract.
Falcon denied breach of contract, claiming Younan breached the contract first.
Younan disputed that it had harmed Falcon's reputation, claiming the company's revenues and enrollment in its seminars remained the same or increased during 2006 and 2007.
In the counterclaim, Younan claimed the contract allowed it to claim liquidated damages plus attorneys' fees and court costs in case of breach of contract. It was seeking $299,000 in liquidated damages, plus attorneys' fees and court costs.
