Fifth Circuit Affirms Summary Judgment for the Defense
Trial Team Secured Favorable Jury Verdict in Collections Suit
Fifth Circuit Affirms Dismissal of Anticipatory Lawsuit
Gretchen Sween and Ben Allen secured Fifth Circuit opinion affirming the dismissal of an anticipatory lawsuit filed against out client just days before we filed suit. As the Fifth Circuit puts it, “[t]he district court agreed and dismissed the case, admonishing Pontchartrain’s counsel ‘to stop the childish fighting in the sandbox and return to the very able federal court in the Southern District of Texas to address this serious matter.’ Pontchartrain appealed, hoping to continue its playground squabble in this forum.”
Fifth Circuit Mandamus Precludes Class Notice to Arbitration Signatories
Casey Wallace and Will King successfully obtained mandamus relief from the 5th Circuit, who held that in a Fair Labor Standards Act collective action, notice cannot be sent to would-be recipients who are barred from proceeding as a collective due to having executed arbitration agreements.
Article – Enforcing Collective Action Waivers Outside of Arbitration
Ben Allen and Dreu Dixson co-authored Developing Doctrine: Enforceability of collective action waivers when parties do not arbitrate, 85 Tex. B.J. 342 (May 2022).
District Court Dismisses Anticipatory Lawsuit
Ben Allen and Dreu Dixson successfully argued for application of an exception to the first-to-file rule and obtained dismissal of an anticipatory lawsuit filed in the Eastern District of Louisiana so that their client’s case could proceed in Galveston, where the dispute arose.
Plaintiff’s Judgment Following Jury Verdict in Construction Dispute
Ben Allen obtained a favorable jury verdict on breach of contract claims brought on behalf of construction and transportation services company. Final judgment subsequently entered on April 21, 2022.
Constitutional Challenge to Improper Fee Affirmed on Free Speech Grounds
The Fifth Circuit affirmed judgment for the plaintiff in TEA v. Glenn Hegar on First Amendment and due process grounds. 10 F.4th 495 (5th Cir. 2021).
Third Court of Appeals Allows Tax Challenge Without Prepayment
The Third Court of Appeals ruled in favor of our client bringing a tax assessment challenge and held that it is entitled to submit proof establishing its exemption from the Texas statutory prepayment requirement rather than paying the entirety of the assessment filing suit.
Casey Wallace and Ben Allen briefed this case before the Third Court of Appeals
Fifth Circuit Hears Oral Argument in Decision Invalidating Improper Fee Assessment
The Fifth Circuit heard oral argument in No. 20-50262, TEA v. Glenn Hegar, et. al, as covered by Law360.
Ben Allen argued before the Court on behalf of the Appellee TEA, following the State’s appeal of final judgment in favor of the TEA on March 3, 2020.
Fifth Circuit Affirms Defense Verdict in FLSA Misclassification Case
The Fifth Circuit affirmed judgment in favor of our client in No. 19-20567, Nelson v. Texas Sugars, Inc. Casey Wallace and Will King obtained the take-nothing jury verdict in the summer of 2019 on this wage and hour claim, and Mr. King successfully defended the case on appeal.
This opinion also affirmed use of the Fifth Circuit Pattern Jury Charge question on ‘employee’ versus ‘independent contractor’ classification under the Fair Labor Standards Act.
Successful Injunction of Small Business Administration
Casey Wallace and Will King secured affirmative injunction in federal court against the United States Small Business Administration (SBA), requiring it to reconsider Paycheck Protection Program (PPP) loans denied based on disfavored business status and requiring the SBA to notify lenders to reevaluate the Plaintiff’s applications.
Sports Facility Obtains Preliminary Injunction Against Closure
Casey Wallace and Will King obtained a Preliminary Injunction in federal court against the City of Houston’s attempted closure of Sportsplex, who operates softball fields and observed social distancing and sanitation protocols to prevent the spread of COVID-19. The Preliminary Injunction was subsequently renewed on November 16, 2020.
Plaintiffs’ Judgment in Aviation Matter Following Jury Trial
Following a one-week jury trial, Ben Allen obtained a favorable final judgment in federal court for plaintiff charter pilots quantum meruit and attorneys’ fees against jet charter company.
District Court Enters Final Judgment that Texas Comptroller Fees Unconstitutional
Trial team of Casey Wallace, Ben Allen and Will King prevailed in Federal Court following bench trial on constitutional challenges to fee assessment by Texas Comptroller. The Trial Court’s Findings of Fact and Conclusions of Law held the fee unconstitutional on due process and equal protection grounds. The Court previously found that the Fee violated the First Amendment on partial summary judgment.
