Houston, TX
Appeals Lawyer at Houston, TX
Practice Areas: Appeals, Litigation, Personal Injury
OUTCOME: Summary Judgment
Mr. Smyser obtained Summary Judgment in U.S. District Court on behalf of a the largest non-profit hospital organization in the Southwest in a major personal injury matter involving brain-damage. The U ... nited States Courts of Appeals for the Firth Circuit Affirmed the Summary Judgment in an opinion that has attracted considerable commentary.
OUTCOME:
Mr. Smyser drafted the lawsuit and organized the effort that successfully prevented a major political party from substituting its hand-picked candidate on the ballot to replace a United States Congress ... man who had allegedly moved out of his district.
OUTCOME: Confidential Settlement
In a dispute with the Houston Rockets, Mr. Smyser represented the Houston Sports Authority and successfully negotiated a confidential settlement related to the construction of Toyota Center.
OUTCOME:
Mr. Smyser represented the City of Houston in defeating a request by wrecker drivers for a Temporary Restraining Order to prevent enforcement of the City's "Safe Clear" ordinance.
OUTCOME:
Mr. Smyser represents an international hotel and time-share group in a dispute over rights to intellectual property and website names.
OUTCOME:
In civil litigation pending in jurisdictions throughout the United States, Mr. Smyser represented Andrew Fastow, former Chief Financial Officer of Enron Corp. First obtaining a stay of all civil litiga ... tion against Mr. Fastow in the Southern District of Texas, including the securities class action Newby v. Fastow et al. Then he obtained dismissal in a number of suits, including dismissal by Class Action Plaintiffs in Newby.
OUTCOME: TRO & Preliminary Injunction
Mr. Smyser obtained a Temporary Restraining Order and Preliminary Injunction in the U.S. District Court for the Southern District of Texas on behalf of officers of Yukos Oil International, the privatel ... y-owned branch of Yukos Oil Company, now controlled by the Russian State in a dispute to prevent payment from a $15 million trust.
OUTCOME: Mandatory Injunction
Mr. Smyser obtained a Mandatory Temporary Injunction in November 2007 on behalf of the City of Houston requiring a billboard company to lower a 90' high structure built overnight in the Afton Oaks resi ... dential neighborhood to 17' and to remove the top part of the billboard structure that contained the sign's advertising.
OUTCOME: Reversal of Injunction
Mr. Smyser obtained reversal of a temporary injunction entered in federal court against the City of Houston on the grounds that its sign ordinance violated the United States Constitution. The United S ... tates Courts of Appeals for the Fifth Circuit affirmed the U.S. District Court's ruling and the United States Supreme Court denied the Petition for Writ of Certiorari seeking review of the Fifth Circuit's constitutional ruling.
OUTCOME: Settled
Mr. Smyser represented a large institutional client in arbitration against a national insurance company. The suit was settled in 2008.
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