We represented the former Chief Financial Officer of Franklin Bank Corporation, Russell McCann, in two class action securities lawsuits that were filed following Franklin Bank’s failure and bankruptcy in 2008.  In March 2011, the court granted our client’s motion to dismiss in both lawsuits.  The ruling dismissed all of Plaintiffs’ claims, with prejudice, and a final […]

  On March 16, 2011, Judge Daniels in the Southern District of New York approved the plan of distribution supported by Gibbs & Bruns client Carnegie Mellon University in the $815 million Westridge Capital receivership case, SEC v. WG Trading Investors, L.P. et al., 09-CIV-1750 (S.D.N.Y).  In a hearing on March 16th, Gibbs & Bruns […]

  We represented the Claimant, U.S. Pipeline, Inc., in an arbitration proceeding against Denbury Resources, Inc. and affiliated entities.   The dispute arose out of U.S. Pipeline’s construction of a 272-mile long carbon-dioxide transmission pipeline for Denbury.  The construction project, initially estimated at nearly $250 million, was beset with delays and additional work, which we contended […]

We defended the City of Houston in a lawsuit brought by Southern Crushed Concrete (SCC) challenging the constitutionality of the City’s Concrete Crushing Site Ordinance.  In October 2009, the court issued an order and final judgment granting the City’s motion for summary judgment, denying SCC’s motion for summary judgment, and dismissing SCC’s claims with prejudice.  […]

We represented over 200 funds and clients of PIMCO in a lawsuit against Goldman Sachs & Co. and UBS Securities involving $500 million of RALI mortgage-backed notes in which the prospectus contained an erroneous description of the credit support and principal payment sequence for the notes.  Within days of filing the case, we obtained a […]

We represented Pioneer Natural Resources Company in an insurance dispute with certain underwriters at Lloyds of London and Zurich American Insurance Co. who Pioneer alleged did not fulfill their contractual obligations to compensate Pioneer for an oil platform that was destroyed by Hurricane Rita in September 2005.  The case involved damages of over $150 million. […]

We represented the Class Representatives and a nationwide Class of over 500,000 individuals against Ford Motor Company and Williams Controls, Inc. in a products liability class action alleging that defective accelerator pedals were installed in hundreds of thousands of Ford Super Duty pick-up trucks and Ford Excursions.  The Class was certified in 2007 by the Oklahoma trial court, and after the […]

We represented Zachry Industrial Inc. in a breach of contract lawsuit against Cemex Cement of Texas stemming from Zachry’s construction of a cement line at Cemex’s Comal County plant.  Zachry sought damages of over $15 million for unpaid invoices for its work.  Cemex counterclaimed alleging that excessive work, cost and delay justify nonpayment.  The court […]

On February 23, 2010, the Court of Appeals affirmed a judgment dismissing all claims against ConocoPhillips Company and others arising out of ConocoPhillips’ sale of natural gas pipelines and processing plants near San Angelo, Texas.  Plaintiff WTG Gas Processing, L.P. (WTG) alleged it had an oral contract to purchase the assets, and filed suit against […]

Following a complex three-month jury trial against the Port of Houston Authority—and a resulting jury verdict for Gibbs & Bruns client Zachry Construction Corporation—the trial court entered final judgment on April 28, 2010 awarding Zachry $23.4 million in damages.  This breach of contract lawsuit arose from the Port’s last-minute rejection of a contractually approved construction method […]