Litigation
Owens, Clary & Aiken L.L.P. handles a variety of business-related litigation matters arising primarily in the areas of commercial transactions, bankruptcy, real estate, employment, banking, and health care. Specifically, the Firm has represented clients in the defense and prosecution of matters involving the following:
- » Contract disputes
- » Claims for common law and statutory tort injury
- » Alleged violations of antitrust and unfair competition laws
- » Claims under RICO and federal and state securities laws
- » Claims arising in the context of general commercial transactions, including claims under federal and state banking laws, claims of lender liability, creditors' rights issues, construction disputes and claims under fidelity and surety bonds
- » Claims arising under federal and state environmental laws, including several contribution and indemnification claims brought under federal statutes (CERCLA, RCRA) and associated regulations
Aside from regularly practicing in all federal and state courts in Texas, attorneys with the Firm represent clients in courts throughout the United States, including Alabama, Colorado, Connecticut, Delaware, Florida, Georgia, Louisiana, North Carolina, Oklahoma, and Tennessee. In addition to its representation of clients in judicial proceedings, the Firm regularly represents clients in administrative and arbitration matters. The Firm has provided post-trial representation in numerous state and federal appellate courts, including the Supreme Court of the United States. Through vigorous representation, the Firm has achieved the following significant results:
- » A $16.1 million jury verdict on behalf of a Colorado health care facility for breach of fiduciary duty by its management company.
- » Dismissal of a class-action RICO lawsuit in the federal district court in the Southern District of New York, wherein sanctions were entered against plaintiff's counsel.
- » Successfully defended a class-action suit alleging various business torts filed in the District of Connecticut.
- » Successfully defended a claim under the federal antitrust laws on behalf of a major aluminum company in both the federal trial and appellate courts.
- » Successfully defended a variety of lender liability actions on behalf of financial institutions.
- » Successfully defended hostile takeover attempts involving limited partnerships controlled by one of the Firm's clients.