The lawyers in the Firm’s Business and Commercial Litigation and Counseling section represent clients in the manufacturing, construction, refining, insurance, marine, oil and gas, real estate, transportation, and technology sectors.  We represent large multi-national corporations, as well as small to mid-sized companies and individuals, in state and federal courts and in arbitration proceedings.  An important component of the Firm’s capability is its ability to handle a large volume of electronic and paper documents and the discovery associated with massive document cases.

The Firm also counsels clients in general commercial and contract matters.  Royston Rayzor has developed a unique expertise in the area of transferring contractual risks through the use of indemnity agreements, additional insured provisions, waivers of subrogation, exculpatory clauses, and limitation of liability and limitation of damages provisions in all types of contracts, including oil and gas operating agreements, drilling contracts, master service agreements, construction contracts of all kinds, real estate contracts, buy-sell agreements, asset purchase agreements, purchase orders, and work order agreements.  We draft and negotiate these risk transfer provisions, work with insurance agents and insurers regarding coverage for such agreements, and litigate their enforceability and insurability.

Some of the Firm’s recent trials in the area of business and commercial litigation include the following:

Arthur J. McGee, Sr. v. Stewart Title Guaranty Co., et al. - 2012
Court:  1st District Court of Newton County, Texas
Description:  Real estate dispute
Result:  The Plaintiff sought damages in excess of $1,800,000.  The jury returned a verdict in favor of our client and a take nothing judgment was entered by the Court.

Ahmadali Virani v. Dundas Holdings, Inc. d/b/a DH Contractors, et al. - 2012
Court:  333rd District Court of Harris County, Texas
Description:  Breach of contract claim on a promissory note
Result:  Court awarded our client, the Plaintiff, a judgment in the amount of $1,764,599.40.

Continental Exploration, LLC, et al v. Hep Oil Company, Ltd., et al. - 2011
Court:  79th District Court of Jim Wells County, Texas
Description:  Breach of contract
Result:  Verdict for our client, the plaintiff

BJ Process and Pipeline Services Company v. Longhorn Partners Pipeline, L.P. - 2008
Court:  295th Judicial District Court of Harris County, Texas
Description:  Our client, BJ Process and Pipeline Services Company, brought suit for breach of contract against Longhorn Pipeline, L.P. relating to pipeline cleaning services performed by BJ Services.  BJ Services sought damages in the amount of $3,946,770.11.  Longhorn Partners Pipeline, L.P. brought counterclaims for breach of contract, fraudulent inducement, and negligent misrepresentation, and sought damages in excess of $90 million.
Result:  Our client obtained a judgment in the amount of $8,755,827.75 that was later settled.

SPI Litigation Direct LLC v. Multisource Network Corp. a/k/a Multisource Industrial Express Freight Solutions, et al. - 2007
Court:  United States District Court for the Western District of Texas, Austin Division
Description:  Breach of contract and fraud case
Result:  The Plaintiff sought more than $600,000 during a jury trial.  The case settled during trial for $10,000.

Juan Hernandez, et al. v. Valley Steel Construction, et al. - 2007
Court:  107th District Court of Cameron County, Texas
Description:  Breach of a commercial construction contract
Result:  The Plaintiff’s demand was $280,000 plus attorney’s fees of $90,000.  The jury awarded a verdict of $1,000 against our client, the defendant.

Border Shipyards, et al v. English Marine Agency, Inc. - 2005
Court:  103rd District Court of Cameron County, Texas
Description:  Commercial case
Result:  The pre-trial offer was $35,000.  The jury awarded $645,000 with interest for our client, the Plaintiff.

B. C. Equipment Sales, Inc. v. I. E. Miller-Fowler Trucking, LLC - 2005
Court:  347th District Court of Nueces County, Texas
Description:  Breach of contract case
Result:  The first trial resulted in a defense verdict for our client.  Upon retrial, the jury awarded approximately one-half of the damages being sought by the Plaintiff.

Olimpo Calderon, et al v. Josefina Pesina, et al. - 2004
Court:  107th District Court of Cameron County, Texas
Description:  Commercial dispute
Result:  No reformation of the contract

Some of the Firm’s recent representative appeals in the area of business and commercial litigation include:

In re Emex Holdings L.L. C., 2012 WL 2354837 (Tex. App. – Corpus Christi 2012, mot. for reh. filed) – The Court of Appeals reversed the trial court’s order denying our client’s motion to dismiss and ordered that, pursuant to a forum selection clause, the claims in an investment dispute against the client must be heard in Mexico.

Circle Zebra Fabricators Ltd. v. Americas Welding Corp., 2011 WL 1844443 (Tex. App. – Corpus Christi 2010, pet. hist.) – The Court of Appeals found in favor of our client and denied a challenge to the trial court’s order compelling arbitration of commercial dispute.

Emex Holdings L.L. C. v. Naim, 2010 WL 2163139 (Tex. App. – Corpus Christi 2010, no pet.) – The Court of Appeals invalidated a temporary injunction against our client.  The injunction had effectively prevented a majority shareholder group from meeting to discuss matters that were the subject of a minority group’s objections.

Becker v. Tropic Isles Ass’n, 2010 Tex. App. LEXIS 1770 (Tex. App.–Corpus Christi 2010, pet. denied) – The Court of Appeals affirmed the trial court’s grant of our client’s motion for summary judgment on a petition for bill of review arising out of the interpretation of a landowner’s agreement.

Moench v. Notzon, 2008 Tex. App. LEXIS 1907 (Tex. App.–Corpus Christi 2008, no pet.) – The Court of Appeals affirmed a jury award and judgment in favor of our client based on claims of breach of contract, unjust enrichment, violations of the Texas Deceptive Trade Practices Act, and unconscionable conduct with respect to the purchase of a boat.

Hellenic Inv. Fund, Inc. v. Det Norske Veritas, 464 F.3d 514 (5th Cir. 2006) – The Court of Appeals affirmed the District Court's dismissal pursuant to a forum selection clause.

City of Weslaco, Texas v. Borne, 210 S.W.3d 782 (Tex. App.–Corpus Christi 2006, pet. denied) – The Court of Appeals reversed the trial court’s ruling against our client who had asserted a lack of jurisdiction in a landlord-tenant lawsuit based on governmental immunity.

A.O. Smith Corp. v. Elbi S.p.A., 123 Fed. Appx. 617 (5th Cir. 2005) – The Court of Appeals affirmed the jury’s decision in favor of our client for breach of express warranty and breach of contract.

In re Burlington Coat Factory Warehouse of McAllen, Inc., 167 S.W.3d 827 (Tex. 2005) – The Texas Supreme Court agreed with our client that the trial court had abused its discretion by allowing execution to issue before a final judgment had been entered.

Waco Int'l, Inc. v. KHK Scaffolding Houston, Inc., 278 F.3d 523 (5th Cir. 2002) - The Court of Appeals upheld a jury’s decision in favor of our client awarding damages for wrongful seizure under the Lanham Act and denying the trademark holder's application for permanent injunction.