LFD client, who was sued for in excess of $21 million, is found not liable by a Dallas Jury and verdict upheld by the Dallas Court of Appeals.

LFD client was represented by Alan Loewinsohn, in a lawsuit filed in Dallas District Court by two plaintiffs claiming in excess of $21 million dollars in damages arising out of oil and gas transactions, based on claims for breach of fiduciary duty and other related claims. On November 20, 2013, a Dallas Jury returned a unanimous verdict in favor of LFD client resulting in the entry of a judgment dismissing all of the plaintiffs claims, with no recovery against LFD client. On December 17, 2013, the trial court entered a judgment affirming the jury verdict. On May 12, 2015, the Dallas Court of Appeals affirmed the trial court’s judgment.

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Dallas jury rules in favor of LFD clients in family partnership and estate dispute.

On May 28, 2015, a Dallas jury rendered a take nothing defense victory for a family limited partnership and its general partner represented by Alan S. Loewinsohn and LFD. The named defendants were sued by a family limited partner seeking to terminate the partnership and money damages for past conduct. The plaintiffs also sued a family member claiming she breached duties as an executor of the family’s estate. The jury answered all questions in favor of LFD’s clients.

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LFD Wins Jury Verdict that Physician Covenant Not to Compete is Unenforceable

On February 8, 2008, a Dallas County jury found that a physician covenant not to compete was not reasonable and imposed a greater restraint than is necessary to protect the good will or other business interests of the former employer. The trial lasted two weeks.

LFD represented a physician, Dr. A. J. Applewhite, who contended that the terms of the covenant not to compete were unenforceable. The covenant was with his former employer, Wound Care Consultants (WCC). The parties practiced in the area of wound care and hyperbaric medicine. At the time of the trial, Dr. Applewhite was the Medical Director of the Wound Care and Hyperbaric Center at Methodist Hospital Dallas.

WCC contended that the covenant was enforceable, that Dr. Applewhite had breached the agreement, and that it was entitled to damages exceeding $1.2 million. The jury determined that WCC was entitled to no damage recovery from Dr. Applewhite.

The jury also found that WCC had not properly paid Dr. Applewhite for bonuses and awarded him $38,600. It also found that WCC committed the first breach of the employment agreement.

Both parties alleged breaches of fiduciary duty by the other. At a hearing on post-verdict motions, the District Court decided that neither party was entitled to recovery for fiduciary duty breach as a matter of law.

WCC is a professional corporation owned by Jeff Stone, D.O.

The restrictive covenant at issue included a time restriction of 18 months, a scope restriction of wound care, hyperbaric and aerospace medicine, and a geographic restriction of a 20 mile radius of various hospitals and facilities located primarily in Dallas County.

After the hearing on post-verdict motions, the parties entered a confidential settlement agreement.

Representing Dr. Applewhite were Jim Flegle and Carol Farquhar.

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Dallas Court of Appeals Accepts Flegle’s Expert Testimony on Attorney Duties

On April 8, 2008, the Dallas Court of Appeals rendered judgment on a Dallas County jury verdict. The jury had found in favor of McGuire, Craddock, Strother & Hale, P.C. (MCSH) on claims for breach of a fee agreement and a claim for fraudulent inducement against Transcontinental Realty Investors, Inc. (TRI) and RT Realty, L.P. (RT Realty). The jury awarded MCSH $298,630 in damages, representing the amount of fees and expenses billed but not paid.

TRI and RT Realty had counterclaimed for breach of contract, fraud, breach of fiduciary duty, negligence, and negligent misrepresentation. The jury found against TRI and RT Realty on all counterclaims.

Jim Flegle testified as an expert on behalf of MCSH.

After a hearing on post-verdict motions, the District Court granted the Motion for Judgment Notwithstanding the Verdict filed by TRI and RT Realty and ordered that both parties take nothing.

In reversing the District Court, the Dallas Court of Appeals noted in its opinion that Flegle testified that MCSH had not breached its fiduciary duties, that the attorney’s fees sought were reasonable and necessary (using the Arthur Andersen factors, among other things), and that the billing method was appropriate. The cause was remanded to the trial court to address additional attorney’s fees incurred in prosecuting the lawsuit and the appeal.

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Flegle accepts Constitution Week Proclamation

Jim Flegle recently accepted a Constitution Week proclamation from University Park mayor James H. “Blackie” Holmes III. The proclamation recognized the efforts of the American Board of Trial Advocates to preserve the constitutional right to trial by jury. Additionally, the proclamation formally recognized Constitution Week for University Park.

Flegle is the President-Elect of the Dallas Chapter of ABOTA. ABOTA is a national organization of plaintiff and defense attorneys, with over 6,000 members. ABOTA, in cooperation with Scholastic, actively supports educational programs focused on the United States Constitution in grade schools throughout the United States.

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Dallas Business Journal Features Loewinsohn Flegle Deary

by Pavan Lall, 3/23/07

While many law firms across Texas are re-evaluating expenses in light of tort reform and other market dynamics, Dallas-based boutique firm Loewinsohn & Flegle LLP is bucking the trend by bringing in a partner, adding employees and ramping up on office space.

The firm will add David Deary as partner and change its name to Loewinsohn Flegle Deary LLP in April, said founding partner Alan Loewinsohn. It also will hire four attorneys and four staffers before the end of the year. The firm leased an additional 5,000 square feet of office space to accommodate the growth, Loewinsohn said.

The firm specializes in complex commercial litigation and arbitration, torts, wrongful deaths and sports-related litigation. It has 23 employees, including seven attorneys.

Deary, former partner with firm Deary Montgomery DeFeo & Canada LLP, said the move made sense. “After much success, the partners at my firm decided to pursue different careers and I decided to join Loewinsohn & Flegle because of the regard that the legal community has for them as well as the opportunity to merge my practice with a firm that has a blue-chip client list,” Deary said.

Deary was the lead lawyer for recipients of questionable tax shelter advice from Dallas law firm Jenkins & Gilchrist PC. That case resulted in an $81.6 million settlement for the class Deary represented. In the last four years, the attorney says he has settled claims in multiple cases, in excess of $350 million. His experience in that area appealed to Loewinsohn & Flegle.

“David’s experience in representing large groups of plaintiffs in business cases improves our existing ability to attract, staff and deal with such cases,” Loewinsohn said. “With our combined experiences in that niche, we’re able to offer clients that are opposing class actions or large groups of plaintiffs a much stronger defense.”

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