REPRESENTATIVE CASES

LITIGATION/PRE-LITIGATION MATTERS

Recently investigated a pre-litigation matter involving a fatal collision with a Denton County Transportation Authority commuter train. Successfully represented widow.

Represented the independent auditor of the Dallas Independent School District and conducted investigations for the auditor and DISD.

Successfully defended an international energy client in a heater treater explosion case in South Texas. After taking multiple depositions and conducting significant discovery, was able to win a nonsuit for client after filing a no-evidence summary judgment.

Have successfully defended OSHA citations, one involving a fatality that occurred during pipeline construction in Colorado and another involving serious injury in Texas when oilfield pipe was being moved.

Successfully defended a construction company when a worker was electrocuted on a job site during an excavation where the workers encountered buried live electrical lines. After discovery and depositions, the client was dismissed from the lawsuit.

Currently representing clients who invested in real estate purchases with a Texas Real Estate Commission (TREC) licensed realtor and were defrauded. Obtained judgment against realtor and her husband, served them with a writ of execution which was returned unsubstantiated, and currently pursuing recovery from the TREC Real Estate Recovery Trust Account and the defendants.

Successfully defended business owners who were unfairly cited for violations of a municipal code during the Covid crisis.

Currently representing the owner of a warehouse facility in Wichita Falls whose former tenant, an international chemical manufacturing company, left property with significant environmental issues. Orchestrated environmental investigation of property using engineering firm and have handled all reporting requirements with the Texas Commission on Environmental Quality (TCEQ). Negotiated agreement for chemical company to remediate site, currently overseeing remediation efforts.

Defended client who severely injured a good Samaritan who was pulling client out of mud with his own vehicle. When the Plaintiff got under his vehicle to disconnect the tow rope, the client failed to secure her vehicle causing it to lurch forward. Injuries were so severe a nearby minister came over to give last rites while Plaintiff’s wife stood by weeping. Insurance carrier specifically selected our Firm to handle because of background and experience, and after depositions and motion practice, and despite client receiving a DUI during the pendency of the case, the case was settled short of policy limits.

Recently represented an established business that moved to a new location and was threatened with litigation by the Business Owners’ Association (“BOA”) claiming that its use had not been approved. Declaratory judgment filed by Firm on behalf of client. Major factor in litigation were deed restrictions. Extensive pleadings and motions. Firm filed motion for summary judgment, the court ordered mediation, and case was settled with very favorable terms for the client.

Successfully represented the Sokoki/St. Francis Band of the Abenaki Nation of Missisquoi (William J. Brotherton as tribal council member) in the Vermont Public Utility Commission litigation involving the closure, dismantling, and repurposing of the Vermont Yankee nuclear power plant. Was able to secure guarantees from all parties that Abenaki sacred sites adjacent to Vermont Yankee would be protected and preserved. Ongoing representation.

William J. Brotherton has handled over 300 condemnation cases as a special commissioner (judge) appointed by the Denton County Probate Court. Currently appointed on four condemnation cases. Each case normally requires a hearing, typically with lawyers on both sides and a court reporter. Following presentation of evidence and testimony, the special commissioners determine an appropriate award for the landowner.

Successfully represented an organic rice farmer in central Texas whose crop was contaminated by a chemical fertilizer applicator who trespassed on client’s land, causing client to lose organic certification, and incurring significant damages. Complex litigation with applicator suing insurance carrier for coverage, extensive discovery, and motion practice. Case ordered to mediation and case settled with chemical company, applicator, and insurance carrier all pitching in to reach settlement number.

Successfully defended a major developer when the EPA served a proposed administrative order recommending a fine of over $1 million for stormwater regulatory violations. After over a year of hearings, testimony, and settlement negotiations, fine was settled for $16,000.

Have successfully defended discrimination claims, including the successful defense of EEOC complaints in Colorado and Ohio for energy clients.

Successfully defended a business owner when an employee sent a lewd text (containing a picture of genitalia) to a customer. The customer filed suit alleging damages of over $2 million claiming that the text message containing the explicit picture, and others, had caused her to develop anxiety, depression, agoraphobia, and PTSD. In the petition she claimed that she would never be able to work again or even leave her house. After determining that Plaintiff would not dismiss the lawsuit for nuisance value, Plaintiff filed a claim on her insurance policy. The carrier denied the claim. We then filed a lawsuit against the carrier and one day prior to their answer being due, the carrier agreed to defend under a Reservation of Rights. Again, we had to point out that under Texas law, the insured could select their own counsel, and finally the carrier agreed to our Firm defending the lawsuit. Ultimately, after lengthy contentious litigation, multiple depositions and discovery, Plaintiff’s claims were largely disproved, and the Plaintiff accepted nuisance value to dismiss the case with prejudice.

Successfully defended a ranch owner in North Texas who was sued by an adjacent ranch owner to force the defendant to discontinue using a long-term private road on the neighbor’s land. Roadway was vital to client’s trucking business and ranch operations. There were no written or recorded easements. After four years of highly contentious litigation, including extensive discovery and depositions, the case was won on a motion for summary judgment less than one week before a scheduled jury trial. The Firm obtained a written recorded easement for the client and recovered client’s attorney’s fees.

Successfully defended a managing general agent in a series of lawsuits filed against him by an insurer in North Texas and an excess carrier based on the Island of Nevis in the Caribbean. Policies were issued for coverage of over-the-road truckers across the country – the lawsuit between the carriers and against the managing general agent resulted in over 45 separate lawsuits that Firm defended. Principal of the reinsurer was deposed in London because of active FBI warrants; when he was ultimately taken into custody in Canada, it turned out that he was using a false name because of flight from organized crime in New Jersey. Principal of the reinsurer allegedly died in federal holding cell – it is believed that he was actually placed into federal witness protection program. As a result of a meeting in Sacramento, California with the FBI, the Secret Service, the IRS, and other law enforcement agencies, successfully argued that client was not criminally responsible and federal agencies elected not to bring charges.

Successfully defended a homeowner involving a claim for severe injuries as a result of attempted repairs being made on a garage door opener. The case involved two brothers, one as a Plaintiff and one as a Defendant. Extremely intense litigation. The Firm was able to obtain summary judgment on behalf of the Defendant.

Successfully defended a client who had lost her mother’s $1.5 million estate and recovered the estate. In addition, had a $500,000 judgment dissolved. Currently handling litigation against the former executor.

Successfully appealed a substantial judgment against real estate company in regards to the sale of commercial property who. Remanded to trial court and won at trial court.

Successfully defended a medical services business that had been sued by a competitor over a failed purchase between the parties. Hired by defendant six weeks before a jury trial to replace current counsel. Took 13 depositions in two week period, along with representing client in four highly disputed hearings, and aggressively pursued insurance documents that showed plaintiff was attempting to double dip on recovery of damages. Secured very favorable settlement after attorneys for plaintiff withdrew as a result of aggressive lawyering.

Retained by insurance carrier to defend Illinois company, who was sued in Texas. Secured settlement agreement with plaintiff, who then repudiated agreement. Filed suit on the repudiation. Secured successful outcome for client.

Since 2006 the Firm has represented the Denton Central Appraisal District as outside litigation counsel. Have successfully defended over 600 cases.

Since 2006 the Firm has been outside litigation counsel for Allstate Insurance and has handled well over 500 cases.

TRANSACTIONAL

The Firm has handled hundreds of transactional matters over the years including formation of business entities including LLCs, partnerships, and corporations. Have drafted numerous partnership agreements and commercial purchase agreements. In addition, the Firm has not only successfully completed mergers of companies but has also dissolved companies where partners or shareholders have elected to leave.

Extensive estate planning practice, including everything from simple wills to complex trusts. Have handled several hundred probate matters, from small estates and muniment of title to large complex probate matters.

Have represented clients in a number of intellectual property cases to a successful conclusion, sometimes utilizing specialized counsel that has worked closely with us in the past.

Have represented clients in a number of title issues and survey challenges. The Firm previously operated a fee title operation through Fidelity National Title for approximately nine years.

Have handled dozens of real estate transactions involving everything from review of contracts to misrepresentations, renegotiation of contracts, and drafting of purchase agreements. William J. Brotherton has even traveled to Costa Rica to assist a client in purchasing property in the rain forest on the Pacific side of the country.

Have handled dozens of lease agreements for commercial property, including negotiations on behalf of both landlord and tenant.