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Assisted in the successful representation of construction contractor, Metcalf Construction Company, Inc., in a high-profile appeal before the U.S. Court of Appeals for the Federal Circuit. Among other things, the case likely will set the standard for many years to come on the implied duty of good faith and fair dealing for federal government contracts.
Successfully represented bank in obtaining affirmance of summary judgment where suit against bank involved allegations of violations of the Texas Constitution.
Achieved affirmance of judgment dismissing complaint for wrongful foreclosure.
Successfully defended bank against allegations of violations of the Texas Constitution.
Obtained affirmance of judgment on the pleadings in a foreclosure proceeding involving a claim for quiet title under Texas law.
Represents one of Nashville’s most successful independent record labels in both entertainment litigation and transactional matters, including a minority shareholder dispute, the formation of a complex joint venture record label, the formation of a joint venture music publishing company, the negotiation and drafting of music distribution agreements, and the negotiation and drafting of foreign exclusive licensing agreements.
Completes copyright registrations for music and entertainment clients, particularly aspiring singer-songwriters.
Achieved affirmance of summary judgment dismissing wrongful foreclosure suit.
The Sixth Circuit affirmed summary judgment for our client, 3M Company, based on the statute of limitations, in a case where Plaintiffs claimed the statue was tolled because their lung cancer claims should “relate back” to an earlier complaint. The Sixth Circuit agreed with the trial court that, because the earlier complaint itself was untimely, the amendment could not “relate back.”
Represented a regional long term care provider in the leasing of a package of 12 facilities, including the negotiation of the lease with a REIT, the negotiation of operations transfer agreements with the previous operator, the negotiation of working capital financing with a commercial lender, and overseeing the regulatory approvals related to the transaction.
Successfully moved to dismiss Plaintiff's Section 1981 and Equal Protection claims before filing an answer and then obtained summary judgment on all remaining claims that (1) she was paid less than her predecessor in the position because of her race and age in violation of federal law and in breach of an implied contract, (2) she should be paid significant back wages under a theory of quantum meruit, (3) she was demoted and harassed because of her race, age, and in retaliation for complaining about her wages, and (4) a reorganization of the department had a disparate impact on African American employees.
In the United States District Court for the Southern District of Alabama – Case No. 11-409. Defending company that develops information technology solutions for hospitals and specialty healthcare facilities in a lawsuit brought by a terminated employee for race discrimination. Plaintiff claimed that HMS refused to remove her from one of HMS’s customer’s locations where Plaintiff claims she was the victim of race discrimination. Summary judgment was granted on all claims in favor of our client.
Represented managing member of acquiror and non-recourse guarantors/sponsors in connection with acquisition of a retail shopping center located in Colorado and the related financing
Represented Steel City Crane, a provider of operated crane services to industrial clients throughout the southeastern United States, in its sale to Barnhart Crane and Rigging.
Defended City on a regulatory taking claim arising from an 8-month moratorium on development within potential corridor for future connector road.
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