DPB_2

EWELL | BROWN | BLANKE | KNIGHT

Representative Experience

Served as lead trial counsel for two professional associations in obtaining pretrial dismissal of business tort claims and trial dismissal of $96 million antitrust claims (judgment as a matter of law following the plaintiffs’ case), Viazis v. American Association of Orthodontists, 182 F. Supp. 2d 552 (E.D. Tex. 2001), aff’d, 314 F.3d 758 (5th Cir. 2002), cert. denied, 538 U.S. 1033 (2003).
Served on trial team for cable television franchisee in obtaining judgment notwithstanding the

verdict in antitrust litigation brought by competitor, Video International Productions v. Warner-Amex Cable Communications, Inc., 858 F.2d 1075 (5th Cir. 1989), cert. denied, 491 U.S. 1047 (1989).

Served as lead trial counsel for river authority in obtaining dismissal of federal and state court challenges to one of Texas’ largest recent water projects, Friends of Canyon Lake v. Brownlee, No. SA-03-0993-RF, 2004 U.S. Dist. LEXIS 21838 (W.D. Tex. Sept. 20, 2004) (dismissal of claims under the National Environmental Policy Act); Friends of Canyon Lake v. Guadalupe-Blanco River Authority, 96 S.W.3d 519 (Tex. App.—Austin 2002, pet. denied) (pretrial dismissal of administrative challenges and bench trial findings and conclusions disposing of Open Meetings Act claims).
Served as lead trial counsel or on the trial team in variety of other disputes over water rights and related issues, e.g., Canyon Regional Water Authority v. Guadalupe-Blanco River Authority, 258 S.W.3d 613 (Tex. 2008) (dispute over eminent domain powers and rights under an easement agreement); Texas Commission on Environmental Quality v. San Marcos River Foundation, 267 S.W.3d 356 (Tex. App.—Corpus Christi 2008, pet. denied) (dispute over environmental group’s application for “non-consumptive in-stream use and freshwater inflows”); Bexar Metropolitan Water District v. City of Bulverde, 234 S.W.3d 126 (Tex. App.—Austin 2007, pet. denied) (dispute over water district’s asserted power to expand in Central Texas).
Served as lead trial counsel for East Texas cities in claims over water rates charged under water supply contract, City of New Boston v. City of Texarkana, 141 S.W.3d 648 (Tex. App.—Texarkana 2004), pet. denied, 228 S.W.3d 648 (Tex. 2007) (per curiam).
Successfully defended power plants and other commercial facilities against environmental challenges, e.g., Blue Skies Alliance v. Texas Commission on Environmental Quality, 283 S.W.3d 525 (Tex. App.—Amarillo 2009, no pet.) (air permit challenges relating to pulverized coal power plant); United States v. Alcoa, Inc., 533 F.3d 278 (5th Cir. 2008) (upholding agreed order between power plant and the Environmental Protection Agency over objections of environmental groups).
Served as lead trial counsel for municipalities, special law districts, and state subdivisions in Expedited Declaratory Judgment Actions relating to bond-financed public projects, see, e.g., Taxpayers for Sensible Priorities v. City of Dallas, 79 S.W.3d 670 (Tex. App.—Dallas 2002, pet. denied).
Secured a $46 million settlement for Dow Chemical in patent litigation over the epoxy resins used to encapsulate sophisticated electronic devices, Dow Chemical Co. v. Sumitomo Chemical Co., 257 F.3d 1364 (Fed. Cir. 2001).
Lead responsibility for damages in a series of patent infringement cases, e.g., Riles v. Shell Exploration & Prod. Co., 298 F.3d 1302 (Fed. Cir. 2002) (reversing and remanding damages award after finding expert witness’ theory unsupported); OKI America, Inc. v. Advanced Micro Devices, Inc., C 04-3171 CRB (JL), 2006 U.S. Dist. LEXIS 73144 (N.D. Cal. Sept. 21, 2006) (semiconductor patents); Advanced Technology Incubator, Inc. v. Sharp Corp., 701 F. Supp. 2d 861 (E.D. Tex. 2010) (method patent involving the manufacture of liquid crystal displays).
Served as lead trial counsel in a trademark dispute over a Gulf of Mexico exploration project, obtaining a preliminary injunction then dismissal of a $600 million counterclaim for tortious interference and unfair competition, Paulsson Geophysical Services, Inc. v. Sigmar, 529 F.3d 303 (5th Cir. 2008).
Served as lead trial counsel in obtaining dismissal of trade secrets claims over enterprise software, Trilogy Software, Inc. v. Callidus Software, Inc., 143 S.W.3d 452 (Tex. App.—Austin 2004, pet. denied).
Served as lead trial counsel for acquirer of office building against developer-controlled property owners’ association and the developer in obtaining declaratory and injunctive relief in a dispute over the association’s assessment authority, the developer’s responsibility for initial subdivision infrastructure, and association governance.
Obtained a defense verdict in a $20 million lender liability case, then recovered a $900,000 award of attorneys’ fees and expert expenses post-verdict, E-Z Mart Stores, Inc. v. Xerox Credit Corp., 990 F.2d 1252 (5th Cir. 1993).
Secured dismissal of lender-liability claims, e.g., George Thomas v. Barton Lodge II, Ltd. v. PHAM-Barton Lodge II Limited Partnership, 174 F.3d 636 (5th Cir. 1999); Henry v. Independent American Savings Association, 852 F.2d 995 (5th Cir. 1988); B.L. Nelson & Associates v. Sunbelt Savings, 733 F. Supp. 1106 (N.D. Tex. 1990).
Secured dismissal of investment fund liquidator’s claims against individual defendants and lenders over loan participations, McNeily v. United States, 839 F. Supp. 423 (N.D. Tex. 1992), aff’d, 6 F.3d 343 (5th Cir. 1993).
Obtained dismissal of single-asset entity’s bankruptcy following the Fifth Circuit’s establishment of the criteria for assessing whether a bankruptcy petition has been filed in bad faith, In re Little Creek Development Co., 779 F.2d 1068 (5th Cir. 1986).
Served on lender’s trial team in successfully defeating usury claim in a bench trial, Woodcrest Associates v. Commonwealth Mortgage Co., 775 S.W.2d 434 (Tex. App.—Dallas 1989, writ denied).
Secured the dismissal of a $14 million claim against Big Four accounting firm by lenders to, and investors in, a bankrupt lessor of amusements equipment, represented witnesses in government investigations, and represented Big Four accounting firm and law firm in tax shelter litigation.
Defeated class certification in a variety of cases challenging the practices and products of life, disability, and automotive insurers, e.g., Vandeventer v. All American Life & Casualty Insurance Co., 101 S.W.3d 703 (Tex. App.—Fort Worth 2003, no pet.); All American Life & Casualty Insurance Co. v. Vandeventer, No. 2-05-016-CV, 2006 WL 742452 (Tex. App.—Fort Worth Mar. 23, 2006, no pet.) (not designated for publication).

*Includes matters handled prior to joining Ewell, Brown & Blanke LLP. Prior results do not guarantee a similar outcome.

Representative Experience

​​​​​ verdict in antitrust litigation brought by competitor, Video International Productions v. Warner-Amex Cable Communications, Inc., 858 F.2d 1075 (5th Cir. 1989), cert. denied, 491 U.S. 1047 (1989).

verdict in antitrust litigation brought by competitor, Video International Productions v. Warner-Amex Cable Communications, Inc., 858 F.2d 1075 (5th Cir. 1989), cert. denied, 491 U.S. 1047 (1989).