Business Disputes

Morrow & Sheppard Trial Victory Chosen As “Featured Verdict” By National Publication

By Jan 21, 2017 Posted in Articles

The nation’s premier trial verdict publication, Verdict Search, has chosen Morrow & Sheppard’s recent unanimous victory in Houston federal court as its “Featured Verdict.”  After a two-day trial, a Houston federal jury found that our client, a widow, had been defrauded by her fiance out of hundreds of thousands of dollars of life insurance proceeds, and further that she was entitled to mental anguish damages and punitive damages.  More facts regarding the case are below, as reported by Verdict Search.  A link to the Verdict Search article may be found here. In August 2014, plaintiff Julieta Olvera, 45, was dating Juan Mauricio Nelligan. The two had reconnected in July via the Internet after they had dated for about six months in 1987. In November 2013, Olvera’s husband died, leaving her widowed in Mexico with two children, ages 6 and 9. Following his death, Olvera received approximately $230,000 in death insurance benefits and other funds from the bank account and business of her late husband. Upon rekindling her relationship with Nelligan, she learned that in the intervening 20-plus years since they had dated, he had married, divorced, had two children of his own and he was a flight attendant who lived near Houston. He allegedly told her he lived in a home with several other flight attendants, and that his children lived with their mother. On Aug. 24, Nelligan flew to Olvera’s home in Mexico and allegedly confessed his love for her. He allegedly wanted to adopt her children and be their father, […]

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M&S Secures $2.09 Million For Wronged Mexican Valve Distributor

By Nov 30, 2016 Posted in Articles

M&S recently recovered $2.09 million* for Alpha Solutions, a Mexican valve distributor that had been defrauded by its former business partner, a Canadian valve manufacturer.  After more than two years of litigation in the trial court, multiple failed motions to dismiss, depositions in three countries, and an intervening trip to the court of appeals, our client Alpha Solutions was fully vindicated on the eve of trial.  In addition to obtaining significant money damages, our client’s reputation was restored.  This case exemplifies why hard work and determination are necessary to overcome well-funded opponents intent on denying responsibility.  More details about the case are provided below. Since 2006 and pursuant to a written contract, Alpha Solutions was the exclusive distributor of oilfield valves in southern Mexico for a Canadian manufacturer named Master Flo.  The relationship was very profitable, and Alpha Solutions grew the product line from practically nothing to a multi-million dollar brand in Mexico. That all changed in 2012, when Master Flo turned its back on Alpha Solutions, and conspired with a disgruntled former employee of Alpha Solutions to replace Alpha Solutions with a new company. Remarkably, it was Master Flo that first threatened to sue Alpha Solutions for hundreds of thousands of dollars. In response, Alpha Solutions sued first in Texas state court.  Master Flo countersued, and fought tooth-and-nail to move the case to its home turf in Canada for over a year. Master Flo then vigorously opposed our efforts to obtain their emails and phone records, and even filed a mandamus with the Houston Fourteenth Court of Appeals to try and prevent them from […]

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Quantum Meruit

By Nov 17, 2015 Posted in Business Disputes

Houston injury lawyers at Morrow & Sheppard handle both personal injury cases and lawsuits involving breach of contract and “business torts.”  One claim commonly pursued in business disputes is quantum meruit. What Is Quantum Meruit? Quantum meruit is a claim that prevents a wrongdoer from being unjustly enriched as a result of his, her, or its bad conduct. The underlying principle is that there must have been an understanding or implied benefit that the wrongdoer would pay for the benefits received.  Essentially,Quantum meruit implies a contract in circumstances where the parties neglected to form one, but equity requires payment for beneficial services rendered and knowingly accepted. The elements of a quantum meruit claim brought under Texas law are (1) the plaintiff provided valuable materials or services; (2) the services or materials were provided for the defendant; (3) the defendant accepted the services or materials; and (4) the defendant had reasonable notice that the plaintiff expected compensation for the services or materials. Generally speaking, a quantum meruit claim cannot be pursued where there is a valid and enforceable contract.  But quantum meruit can and often is pursued “in the alternative” when there are issues regarding the validity of a contract. What Damages Are Available For Quantum Meruit Injuries? Plaintiffs who suffer a business injury may seek the following damages under a Texas quantum meruit theory:  reasonable value of services and materials provided, interest, and attorney fees. Morrow & Sheppard Represent Small Business That Have Been Injured The Houston injury lawyers at […]

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