recovered only $1 in damages. Judgment was affirmed on appeal.
Defended government contractor against breach of contract, breach of the duty of good faith,
promissory estoppel, and unjust enrichment claims asserted by a competitor who alleged the client was
contractually obligated to submit a bid with the claimant.
Representing Manufacturers/Suppliers in Commercial Disputes
Successfully defended a manufacturer of machine tools against claims of deceptive trade practices,
breach of contract, and fraud. After a jury trial in Dallas County, Texas, obtained a judgment awarding
plaintiff only $1 in damages.
Successfully defended a retailer in a breach of contract case filed by one of its suppliers, obtained
summary judgment on breach of contract claims (representing 99% of the monetary damages sought
by plaintiff), and tried the remaining claims to a jury in federal court in El Paso, Texas.
Part of a three-lawyer trial team that successfully represented a gas processing company in breach of
contract claims against its customer in a four-week bench trial in Dallas County, Texas.
Obtained summary judgment for a distribution company and two of its officers/shareholders against
allegations of breach of fiduciary duty, theft of trade secrets, tortious interference, and fraudulent
transfer.
Obtained summary judgment for a distributor of automotive refinishing products against a competitor’s
claims of violations of Texas antitrust laws and tortious interference.
Representing Manufacturers/Suppliers in Defense of Tort Claims
Successfully defended a bicycle supplier in an eight-week jury trial in Marin County, California, filed by
children from across the country who claimed to have sustained brain damage, facial scarring, broken
teeth, and other injuries as a result of defective front wheel quick-release mechanisms on bicycles.
Obtained summary judgment on claims of more than 200 plaintiffs seeking to recover money damages
for personal injuries allegedly caused by exposure to chemicals and hazardous materials at a job site.
Obtained summary judgment against tort claims filed by seven plaintiffs alleging wrongful death and
personal injuries during an explosion in an industrial plant in Mexico.
Obtained dismissal on forum non-convenient ground for a product supplier sued under product liability
and negligence theories in connection with a vehicular collision and subsequent explosion that killed 37
people and injured hundreds.
Successfully defended an employer and employee against claims of wrongful death of a customer at a
company-sponsored hunting event. Obtained a complete defense verdict after a jury trial in federal
court in San Antonio, Texas.
Representing Financial Institutions
Obtained summary judgment for a financial institution against claims of deceptive trade practices and
violations of the Home Solicitation Act.
Foley & Lardner LLP Joanne Early | 2