Litigation

Through aggressive and, more importantly, successful representation, the ScottHulse PC litigation section has developed a reputation of preeminence. Our litigation attorneys have represented clients in a myriad of matters including antitrust, commercial, labor and employment, workers compensation, insurance defense, healthcare and medical malpractice defense, trademark infringement, property claims, and creditors’ rights. Our attorneys skillfully balance an appreciation for the reasons to avoid going to trial — and ideas on how to do that while still reaching a favorable outcome — with extensive knowledge of the demands of a trial and when to pursue litigation. We pride ourselves on our experience, attention to detail, and efficiency, striving to provide the best and most cost-effective services available.

The ScottHulse litigation section’s broad experience in commercial defense litigation, arbitration, administrative, and alternative dispute resolution includes:

Contract disputes
Employment general liability
Labor and employment disputes including unfair labor practices and defending against union campaigns
Employment practices liability (EPL) claim defense
Workers compensation
Trucking, transportation, and logistics
Medical malpractice
Construction and engineering disputes
Fraud and negligent misinterpretation
Unfair business practices and intellectual property disputes, including trademark infringement, copyright infringement, and covenants not to compete
Landlord/tenant
Complex tort litigation including multi-district litigation
Insurance defense
Product liability
Dram shop litigation
Commercial litigation

Select Representations:

Successfully prosecuted lawsuit under the Texas Whistleblower Act against Office of the Attorney General of Texas resulting in jury verdict in excess of one million dollars (…reversed on appeal).
Successfully prosecuted a lawsuit on behalf of homeowners against their interior designer who was found liable for fraud; pursued the claim once the judgment debtor filed bankruptcy, resulting in a seven-figure settlement on behalf of our clients.
Successfully defended a yellow pages provider from claims of breach of contract and deceptive trade practices.
Defended a national bank from claims of fraud, deceptive trade practices, and usury.
Prosecuted to successful conclusion a claim of infringement where the Firm’s radio station client was asserting rights to the on-air name of its former morning anchor on the basis that the name was trademarked and therefore owned by the station.
Defended a jewelry retailer from claims that it violated trademarks owned by international watch manufacturers.
Successfully pursued a lawsuit on behalf of one partner against her other partner to resolve disputes over control, expenditure, and operation of an apartment complex owned by the partnership; dissolved the partnership.
Represented a construction contractor maligned by a subcontractor and its collection agency over a “debt” that it did not owe.
Represented a service provider in negotiations with the Federal Directorate of Contracting over a bid to commence laundry operations at Fort Bliss, Texas.
Prosecuted a lawsuit on behalf of a national recycler arising from the theft of material; served as an intermediary with the district attorney’s office with respect to its prosecution of the alleged perpetrators. Successfully pursued a claim for fraudulent transfer on behalf of a creditor against the sister of a judgment debtor to whom an interest in a trust was transferred without consideration.
Obtained favorable Judgment on behalf of a client in a case involving competing claims to construction equipment.
Obtained favorable dismissal of a lawsuit pending in federal court in a case involving allegations of breach of contract, breach of warranty, and fraud.
Obtained victory for a client in an appeal that was pending before the United States Court of Appeals for the Fifth Circuit in a lawsuit involving claims of fraud and breach of contract.
Obtained dismissal of a lawsuit on behalf of a client where an injunction was requested to prevent the construction of the client’s medical office building.
Obtained favorable jury verdict for a client involved in a workers’ compensation dispute.
In a case of first impression in the Western District of Texas, successfully appealed an adverse decision of the bankruptcy court involving the continuation or termination of the automatic stay in multiple filing cases under the BAPCPA.
In a case of first impression in El Paso County, Texas, on behalf of a conservation organization, successfully appealed valuation of commercially-zoned real estate purchased for over $1 million dollars and voluntarily subjected to development restrictions, reducing the valuation from over $1 million dollars to $200.00.
Successfully challenged the award of a public contract involving youth counseling services.
Successfully defended a public bid award involving a multi-million development project against the contest of a disappointed bidder.
Successfully handled multiple-death, house fire case for a utility company.
Upheld an arbitration agreement on appeal for a grocery store chain.
Successfully negotiated claims of unfair labor practices for a small business.
Obtained a defense verdict for a local hospital in a negligence case.
Upheld an administrative decision with the Texas Supreme Court on behalf of a local school district.
Represented both licensed vocational nurses and registered nurses before peer review committees, grievance committees, and licensing boards both locally and at the state level.
Represented clients in mass tort litigation workers’ compensation claims in Hidalgo County, Texas.
Represented governmental entities in personal injury cases.
Successfully defended steel fabricators whose joint venture in a large, unique municipal construction project was attacked as a price fixing scheme.
Obtained an advantageous settlement of a price fixing and False Claims Act claim against a food supplier.
Successfully represented hospitals and other health care providers in various proceedings.
Successfully represented a multi-national concrete and cement supplier accused of predatory pricing.
Successfully represented a newspaper publisher accused of predatory pricing.
Successfully defended hundreds of charges of discrimination filed with the Equal Employment Opportunity Commission and Texas and New Mexico Commissions on Human Rights.
Successfully defended thousands of workers’ compensation claims.
Successfully tried to a verdict a variety of cases involving claims of discrimination based on race, age, gender, national origin, disability, retaliation.