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Representative Appeals Dallas, TX
The Fein Law Firm successfully argued that an individual who claimed that the Benghazi attack was misrepresented by one of the Benghazi operatives was protected by the First Amendment right of free speech and was not subject to an anti-SLAPP action.
John Tiegen v. Fred Slice, No. 05-19-00285-CV, 2020 Tex. App. LEXIS 1264 (Tex. App.—Dallas, February 13, 2020, no pet.)
Our Client’s summary judgment was affirmed where the court found Chase Bank did not provide sufficient evidence that company had any claim under the loan documents assigned to the bank eliminating our client’s debt of over $700.000.00.
LSREF2 Apex (TX) II, LLC v. Blomquist and Davids, 2015 Tex. App. LEXIS 7845 (Tex. App.—Dallas, July 29, 2015, no pet.)
The Court of Appeal found that the Client’s employer's motion to compel arbitration was properly denied under the Federal Arbitration Act because the arbitration agreement between the parties never came into existence.
Denar Rests., LLC v. King, 2014 Tex. App. LEXIS 5858 (Tex. App.--Fort Worth, May 30, 2014, no pet.)
The Opponent’s Writ of mandamus was denied where the Trial Court was found to correctly deny the Opponent’s late-filed designation of responsible third party.
In re Weatherall Family Funeral Servs., LLC, 2021 Tex. App. LEXIS 9722 (Tex. App. Dallas, Nov. 11, 2021)
The Court of Appeals affirmed the Trial Court ruling in favor of the Client when it rejected the physician's objections to the expert's qualifications and report and finding the
Chapter 74 expert report met the requirement on standard of care, breach, and causation and constituted full compliance and with the requirements for a report under Chapter 74 of the Civil Practice and Remedies Code.
Bakhtari v. Estate of Dumas, 317 S.W.3d 486 (Tex. App.—Dallas 2010, no pet.)
The Opponent’s Petition for Writ of Mandamus was denied where the Trial Court found that a forum-selection clause was not incorporated into the contract, either by reference or course of dealing setting a precedent against Freightquote.
In re Freightquote.com, 2019 Tex. App. LEXIS 1594 (Tex. App.—Dallas, March 1, 2019)
The Trial Court properly denied the guarantor’s special appearance because a forum-selection clause contained in the franchise agreement was incorporated by reference into the guaranty. Pritchett v. Gold's Gym Franchising, LLC, 2014 Tex. App. LEXIS 1281 (Tex. App.—Dallas, February 4, 2014, pet. denied)
In a petition for writ of mandamus the Fein Law Firm successfully argued that the Trial Court abused its discretion by compelling the production of tax returns and sanctioning the party for failure to produce the tax returns without satisfying the requisite evidence of
obtaining the information sought through other means. In re Namdarkhan, No. 05-16-01410-CV, 2017 Tex. App. LEXIS 2386 (Tex. App.—Dallas Mar. 21, 2017)
John Tiegen v. Fred Slice, No. 05-19-00285-CV, 2020 Tex. App. LEXIS 1264 (Tex. App.—Dallas, February 13, 2020, no pet.)
Our Client’s summary judgment was affirmed where the court found Chase Bank did not provide sufficient evidence that company had any claim under the loan documents assigned to the bank eliminating our client’s debt of over $700.000.00.
LSREF2 Apex (TX) II, LLC v. Blomquist and Davids, 2015 Tex. App. LEXIS 7845 (Tex. App.—Dallas, July 29, 2015, no pet.)
The Court of Appeal found that the Client’s employer's motion to compel arbitration was properly denied under the Federal Arbitration Act because the arbitration agreement between the parties never came into existence.
Denar Rests., LLC v. King, 2014 Tex. App. LEXIS 5858 (Tex. App.--Fort Worth, May 30, 2014, no pet.)
The Opponent’s Writ of mandamus was denied where the Trial Court was found to correctly deny the Opponent’s late-filed designation of responsible third party.
In re Weatherall Family Funeral Servs., LLC, 2021 Tex. App. LEXIS 9722 (Tex. App. Dallas, Nov. 11, 2021)
The Court of Appeals affirmed the Trial Court ruling in favor of the Client when it rejected the physician's objections to the expert's qualifications and report and finding the
Chapter 74 expert report met the requirement on standard of care, breach, and causation and constituted full compliance and with the requirements for a report under Chapter 74 of the Civil Practice and Remedies Code.
Bakhtari v. Estate of Dumas, 317 S.W.3d 486 (Tex. App.—Dallas 2010, no pet.)
The Opponent’s Petition for Writ of Mandamus was denied where the Trial Court found that a forum-selection clause was not incorporated into the contract, either by reference or course of dealing setting a precedent against Freightquote.
In re Freightquote.com, 2019 Tex. App. LEXIS 1594 (Tex. App.—Dallas, March 1, 2019)
The Trial Court properly denied the guarantor’s special appearance because a forum-selection clause contained in the franchise agreement was incorporated by reference into the guaranty. Pritchett v. Gold's Gym Franchising, LLC, 2014 Tex. App. LEXIS 1281 (Tex. App.—Dallas, February 4, 2014, pet. denied)
In a petition for writ of mandamus the Fein Law Firm successfully argued that the Trial Court abused its discretion by compelling the production of tax returns and sanctioning the party for failure to produce the tax returns without satisfying the requisite evidence of
obtaining the information sought through other means. In re Namdarkhan, No. 05-16-01410-CV, 2017 Tex. App. LEXIS 2386 (Tex. App.—Dallas Mar. 21, 2017)
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