SDM Wins Appeal Affirming Summary Judgment Rulings in Well Blowout Coverage Dispute
SDM lawyers Jane Webre, Steve Wingard, and Robyn Hargrove prevailed in an appeal of summary judgment orders. SDM represented the operator of a well in Reeves County, Texas. After the well suffered a blowout, the insured paid to bring the well under control, to attempt to restore production at the well, and to address pollution cleanup. The insured filed claims with its insurance carriers under well-control and commercial-general-liability policies, but the carriers denied coverage. SDM won summary judgments at the Midland County District Court, which ruled that the well was a “well-insured” under the policies and that the insured incurred damages in excess of the policies’ limits. The insurance companies appealed to the Eastland Court of Appeals. Finding no error, the Eastland Court of Appeals affirmed the trial court’s summary judgment rulings and taxed all costs against the insurance companies.
SDM Lawyers Win Order Enjoining Judgment Debtor from Dissipating or Transferring Assets
After winning a final judgment in an amount in excess of $10 million against defendants Lakeway Regional Medical Center and Surgical Development Partners, SDM lawyers Abe Kuczaj, Paige Amstutz, and Steve Wingard filed an application for an injunction to preclude one of the defendants from dissipating or transferring assets to avoid satisfaction of the judgment pending appeal of the final judgment. Finding that SDM presented evidence establishing that the defendant was likely to dissipate or transfer assets in the future to avoid satisfaction of the judgment, the Court entered an injunction in favor of SDM’s client.
Steve Wingard and Steve McConnico Win Dismissal of Shareholder Derivative Case
Steve Wingard and Steve McConnico won a Motion to Dismiss for Lack of Standing and Plea to the Jurisdiction in favor of the general partner and limited partners of a family limited partnership. SDM defended a limited partnership, its general partner, and several individuals who owned limited partnership interest in lawsuit asserting breach of fiduciary duty. The plaintiff was the executor of the estate of a deceased limited partner who claimed the right to bring derivative claims on behalf of the limited partnership. The Court dismissed the lawsuit holding that the plaintiff lacked standing to bring his claims.
Legal Team including SD&M Lawyers Win Dismissal of Patent Infringement Case
SDM attorneys Steve McConnico, Paige Amstutz, and Steve Wingard, along with lead counsel from Latham & Watkins, won dismissal of a patent infringement lawsuit when their Motion to Disqualify opposing counsel was granted. SDM represented a large, publicly-traded energy company in defense of claims brought by a publicly-traded non-practicing entity. SDM filed a motion to disqualify plaintiff’s in-house general counsel, plaintiff’s entire legal department, and plaintiff’s outside counsel. In addition, SDM requested that the court dismiss the lawsuit. The court granted SDM’s motion, disqualified all plaintiff’s counsel, and dismissed the lawsuit.