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The
Firm’s attorneys have enjoyed remarkable success in the past,
and a few of those successes are highlighted below. It should always
be remembered, however, that every case is different, and these
descriptions should in no way be construed as a guarantee of results
in any particular case.
- Successful representation of a corporate client against its
former Executive Vice President of Operations in connection with
its allegations that the former Vice President coverted company
property while misappropriating certain trade secrets and confidential
information. At trial, the jury found in favor of the firm’s
client, and awarded damages consistent with the value of the property
taken, along with attorney’s fees for the prosecution of
the claims.
- Successful trial of age discrimination claim in which the firm
represented the former general manager and former office manager
of a cattle feed yard in Wheeler County, Texas, a small county
in the Texas Panhandle. The jury found in favor of the general
manager and awarded damages for his lost wages. For more information
on this case, click
here.
- Successful representation of an Austin-based start-up Internet
company against one of its service providers for breach of contract
in which the firm obtained a settlement in an amount in excess
of ten times the value of the contract.
- Favorable settlement on behalf of an oil-trading company and
an environmental company against a major, integrated oil company
for breach of a contract to sell off-spec crude oil.
- Favorable settlement in favor of a radiation treatment equipment
company against a major international manufacturer for breach
of contract in the sale of a used radiation simulator in which
the client obtained in excess of four times the value of the original
contract of sale.
- Successful negotiation of a settlement for an international
pipeline trenching equipment company against a major international
engineering company in connection with claims for non-payment
in a major pipeline construction contract in Mexico.
- Successful defense of a small Houston health-services provider
against the United States Equal Employment Opportunity Commission
in a pregnancy discrimination and retaliation case. After the
client hired Schmidt & Hoffer, the Houston Chronicle ran a
story on the EEOC’s filing of the case, in which Mr. Hoffer
called the EEOC’s case "meritless" and promised
that the case would be "vigorously defended."[click
here for more] As predicted, a year later the Houston federal
district court dismissed the case in the middle of trial, and
the Houston Chronicle noted the dismissal in a January 14, 2003
article.
[click
here for more] The district court equated the EEOC’s
tactics in the case to "bureaucratic thuggery." To review
the transcript from that hearing, click
here. The EEOC appealed the case to the United States
Court of Appeals for the Fifth Circuit, and that Court reversed the dismissal and remanded the case for a second trial. The case was finally tried in July of 2005, and the Jury returned a unanimous verdict for the Firm's client. For more information on the details of the case, click
here.
- Successful settlement reached on behalf of the Texas franchisee of a Central American fast-food
company in connection with a dispute among its shareholders.
- Representation of a start-up telecommunications tower company based
in Sao Paulo, Brazil, in connection with corporate record-keeping,
negotiation and drafting of contracts with customers, and fundraising.
- Representation
of a Trustee in Bankruptcy against former officers of the Debtors
and a well-known non-profit organization in connection with claims
that the officers and the non-profit conspired to strip the Debtors
of more than $2 million in business opportunities. The firm also
represents certain outside shareholders of the Debtors in connection
with their claims for shareholder oppression by the insiders. The firm settled many of the claims favorably, and then represented its clients in a three-week trial against the primary defendant. The Judge entered judgment on behalf of the Firm's clients in an amount in excess of $1.5 million, including punitive damages awarded for fraud. Notably, the firm obtained one of the few favorable judgments in Texas on the little-known "minority shareholder oppression" cause of action.
- Achieved
favorable settlement for the daughter of a woman who died as the
result of negligent medical care in a small town hospital.
- Representation of numerous franchisees of an ice cream chain against the franchisor and its attorneys and accountants, alleging fraud in the sale of the franchises. The Firm achieved a successful settlement against the franchisor and its attorneys, and plans to proceed to trial against the accounting firm.
- Pro
bono representation of a new, non-profit company providing
counseling and other services to at-risk children. The firm handles
all corporate matters for this entity.
- Representation
of a litigation support services company in connection with claims
that two of its officers usurped a major business opportunity
of the company and in related shareholder disputes.
- Representation
of a well-known home electronics retailer in numerous matters,
including its multi-million dollar claim against its former landlord
for fraud in the inducement and wrongful termination of the lease.
- Representation
of the former Minister of Energy of Ecuador in connection with
securities fraud claims against a United States brokerage firm.
- Representation
of the author of the novelization of the movie Romancing the
Stone and her start-up movie production company in its corporate
matters.
- Successful
defense of the art agent for a deceased local folk-artist in connection
with claims that the agent usurped numerous works of art from
the artist's family. The firm obtained summary judgment for our
client without the need for a trial.
- Preparation
of incorporation documents, loan and security agreements, and
operating agreements for a new Italian restaurant in Houston.
- Representation of a female, Native American prison inmate in
a religious rights/First Amendment case against the Texas prison
system, resulting in a favorable decision allowing the inmate
to practice certain elements of her religion and an agreement
by the Texas Attorney General to develop and implement a formal
religious program for all Native American inmates in the Texas
prison system. The case was widely reported in the Native American
press.[click here for more]
- Successful
settlement achieved on behalf of the firm's client in connection
with claims against a Swiss steel trading company that allegedly
breached a partnership agreement and usurped a business deal to
construct a power plant on the Caribbean island of Anguilla.
- Successful
defense of a publicly traded private prison operator in a medical
malpractice case in federal district court in Fort Worth in which
a prisoner accused the prison medical staff of negligence in failing
to more quickly diagnose his appendicitis. The federal jury awarded
the prisoner zero damages.In Washington v. Occidental Chemical Corporation, Mr. Hoffer
authored a Motion for Summary Judgment which resulted in the complete
dismissal of seventeen causes of action brought by a former refinery
operator employee at Occidental Chemical Corporation's Chocolate
Bayou Plant. The former employee brought claims under the Americans
With Disabilities Act, Title VII of the Civil Rights Act of 1964,
ERISA, and state law claims of fraud and intentional infliction
of emotional distress. Judge Samuel Kent of the Galveston Division
of the United States District Court for the Southern District
of Texas dismissed all of the claims in a published opinion that
has been frequently cited by other federal courts and legal publications. Washington v. Occidental Chemical Corp., 24 F.Supp.2d
713 (S.D. Tex. 1998).
- In
Harvey v. Chevron U.S.A., Inc., Mr. Hoffer along with
co-counsel authored a Motion for Summary Judgment that resulted
in the dismissal of a sex discrimination lawsuit brought by a
former in-house counsel of Chevron, U.S.A., Inc. Harvey v.
Chevron, U.S.A. Inc., 961 F.Supp. 1017 (S.D. Tex. 1997).
The former in-house counsel claimed that she had suffered "paramour"
sexual harassment because a supervisor showed favoritism to another
woman with whom she worked. The decision was later adopted by
the U.S. Court of Appeals for the Fifth Circuit in a different
case. See Ackel v. National Communications, Inc., 339
F.3d 376, 382 (5th Cir. 2003).
Not
Certified by the Texas Board of Legal Specialization.

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