Robert D. Hemphill, PLLC

Litigation

• Summary judgments disposing of fraud, negligent misrepresentation and negligence claims against title company; successful Fifth Circuit appellee’s briefs.
• Recovered actual and punitive damages in RICO jury trial, upheld judgment on appeal, obtained full payment in Chapter 11.
• Obtained favorable settlement as local defense counsel for a national restaurant chain in multi-party state court litigation over equipment leasing dispute with claims of conversion, usury and breach of contract.
• Lead defense counsel in federal suit alleging bad faith denial of benefits, breach of contract and negligent claims processing against third party plan administrator.
• Recovered damages plus attorneys fees in suit for property loss involving claims of inadequate security, negligence and DTPA.
• Enjoined encroachment on disputed right of way.

Transactions

• Opinion on enforceability of restrictive covenants against commercial structures after residential property was rezoned as commercial.
• 1031 tax-free exhange, lease and sale of warehouse property.
• Preparation of employment, non-disclosure, consulting contracts.
• Preparation of wills and trusts.

Municipal/Administrative

• Representation before municipal boards for zoning or subdivision approval.
• Annexation of property.
• Open records and requests for attorney general opinions.