From trying cases in Texas state and federal courts to handling appeals before the Supreme Courts of Louisiana and Mississippi, and various federal circuit courts of appeals, Bailey Brauer has obtained great results for our clients. Among our many courtroom successes is a precedent-setting, en banc appellate ruling that cemented the law protecting the entire agribusiness industry from claims filed under the Packers & Stockyards Act.
Litigation & Trial
- Persuaded federal district court in Beaumont, Texas to enter summary judgment in favor of client on RICO claims filed against client, bank, appraiser, attorney and title company.
- Successfully defeated fraud, breach of contract, unjust enrichment, constructive trust, breach of fiduciary duty, breach of the duty of good faith and fair dealing, conversion, and tortious interference with contract claims alleged by independent contractor against client.
- Obtained dismissal of numerous antitrust and state law claims asserted by municipality seeking in excess of $28 million in damages.
- Defeated attempts by plaintiffs to certify nation-wide and regional class actions alleging violations of the Packers and Stockyards Act against the nation’s then-largest poultry company.
- Secured denial of request for class certification in antitrust conspiracy case involving the nation’s two largest poultry companies.
- Successfully recovered damages on the behalf of large hospital company against independent contractors who alleged counterclaims of fraud, breach of contract and unjust enrichment.
- Obtained directed verdict in favor of client sued in Natchitoches Parish, Louisiana for various Louisiana state law claims.
- Forced plaintiff to dismiss lawsuit against large insurance company after presenting his case-in-chief to district court in Oklahoma City, Oklahoma.
- Persuaded Texas state court jury to award damages to individual after establishing that her insurance agent violated the Texas Deceptive Trade Practices Act.
- Obtained numerous summary judgments in favor of clients in various ERISA cases filed in federal courts located throughout Texas.
- Persuaded USDA to dismiss enforcement action against food company on the eve of trial before an administrative law judge.
- Persuaded United States Fifth Circuit to reverse $25 million award and render judgment in client’s favor in an antitrust price-fixing case.
- Successfully obtained rehearing en banc before United States Fifth Circuit Court of Appeals resulting in reversal of a district court’s and an earlier panel’s decisions interpreting an antitrust statute. The Fifth Circuit’s opinion has been characterized by the United States Sixth Circuit Court of Appeals as a “tidal wave” opinion.
- Persuaded Louisiana Supreme Court to reverse district court’s and intermediate appellate court’s interpretation and findings of liability under the Louisiana Unfair Trade Practices and Consumer Protection Law, which resulted in the vacatur of millions of dollars in treble damages and attorney’s fees.
- Convinced Mississippi Supreme Court to reverse and remand jury verdict initially resulting in award of $1.65 million to a contractor injured while working on an oil rig platform.
- Persuaded United States Fifth Circuit Court of Appeals to bar claims of over 100 plaintiffs seeking tens of millions of dollars in damages and, in doing so, limited adverse Arkansas state law in a manner that benefitted client and entire agribusiness industry.
- Preserved underlying judgment in favor of client defeating claims by municipality seeking in excess of $28 million in damages.
- Protected jury verdict in favor of defendant that defeated plaintiff’s claims and awarded damages and attorney’s fees to defendant based on counterclaim under the Texas Theft Liability Act.
- Persuaded Fort Worth Court of Appeals to reverse jury verdict in favor of insurance company and to render judgment in favor of policy holder that awarded both monetary damages and attorney’s fees based on insurance carrier breaching the terms of a homeowner’s policy.
- Persuaded Fort Worth Court of Appeals to reverse trial judge’s entry of an adverse exemplary damages award.
- Successfully navigated client through changes to Texas statutory law barring pre-injury waivers to preserve entry of judgment in favor of client in wrongful death case based on a pre-injury waiver.