Real Estate Litigation
We are trial lawyers with non-law experience in real estate matters. As a result, we have deep insight into the unique challenges our clients face. This combination gives us the ability to help our clients conquer obstacles that stand in the way of their business goals. We have represented clients in lawsuits involving real estate before trial and appellate courts across Texas and throughout the U.S.
Experience
Members of our group hold degrees in Real Estate and Urban Land Development, Construction Science, Finance, Accounting, and Economics, and have served on state and municipal real estate boards and committees. These varied backgrounds provide a unique information base that helps us understand our clients and their particular needs.
Our Approach
Because each client’s needs are different and each piece of land is unique, we never take a formulaic approach to resolving disputes. Instead, we assess each case with a focus on our clients’ business objectives and a keen eye toward the bottom line in terms of costs and desired results. Our trial experience enables us to efficiently target the key issues in a dispute, which often increases the opportunity for an early, favorable pre-trial resolution. At the same time, if the case must be tried, we stand ready to defend our clients’ interests in court.
Our clients are from nearly every state in the union and have included developers, landowners, buyers, sellers, municipalities, partnerships and their partners, property owners, property managers, tenants, contractors, lenders, borrowers, bondholders, brokers, investors, insurers, and real estate investment trusts (REITs), as well as individuals.
We work to achieve the clientโs goals
Our solid understanding of our clients’ business enables us to provide efficient, sophisticated representation in the area of real estate disputes, helping our clients manage risk and avoid costly litigation when possible, and vigorously defending our clients in court when necessary.
Sale Related Disputes
- Representing an owner of a 28 story office building in litigation from a tenant seeking an injunction to stop the closing of the sale of the office building to a third party.
- Representing a court appointed receiver related to the liquidation of the largest contiguous tract of land in Texas.
- Represented a purchaser of a commercial real estate tract in retrieving his earnest money resulting from a breach of the sales contract by the seller.
- Defended a major real estate development firm against claims that a prior contract to purchase property existed as well as fraud in a real estate transaction.
- Successfully defended a real estate dispute involving rights of first refusal.
- Defended real estate investment firm against investment company in dispute regarding the sale of real estate portfolio and profits associated therewith.
Development Disputes
- Represented a limited partner of a real estate development venture that resulted in a $10 million verdict for the client.
- Defended a major real estate development firm in an action involving claims of fraud, misrepresentation, and contractual disputes.
- Represented a bank in a creditor’s rights lawsuit against a competing bank for collateral in a multimillion-dollar commercial development dispute.
- Successfully defended a real estate development company in a three-day trial in Travis County, Texas.
Title Disputes
- Successfully obtained summary judgment on behalf of landowners and, at trial, obtained a significant award for attorney’s fees in a dispute over the title to over 6,000 acres of Texas ranch land. The court of appeals dismissed plaintiffs’ appeal of the judgment.
- Defended a title insurer against claims of bad faith, including complex coverage issues, arising out of the discovery of an unpatented land “vacancy” in the Barnett Shale.
- Led a multistate effort involving lawsuits in multiple state and federal courts on behalf of a lender and title insurer to recoup more than $5 million in stolen loan proceeds.
Easement Disputes
- Obtained a declaratory judgment and successfully defended landowner against claims that easement had been dedicated to public use.
Leasing Disputes
- Successfully represented a real estate development company in multiple eviction lawsuits in order to remove over 90 manufactured homes from a former manufactured home community in preparation for the redevelopment of the community property.
Construction Disputes
- Represented real estate developer in dispute with civil engineering firm regarding incomplete and incorrect work on development which resulted in the delay of the development.
- Represented developer of condominium complex in multiparty, complex commercial arbitration against general contractor and subcontractors resulting in multimillion-dollar settlement.
Condemnation
- Represented oil and gas midstream transmission company in condemnation of tank farm property by another midstream transmission company and tried one-week case to jury regarding the market value of the tank farm property.
Miscellaneous
- Defended developer in a case regarding water diversion into neighboring property, trespass, and nuisance claims.
May 6, 2019
Attorney News
Joe Regan and Adam Plumbley Boost Trial & Appellate Litigation Practice in Fort Worth
With backgrounds focused on energy and eminent domain, Joseph P. Regan and Adam L. Plumbley expand the scope of the Chambers USA-ranked Trial & Appellate Litigation practice to handle eminent domain and real property disputes, primarily involving pipelines.
July 25, 2017
Insights
Protecting Attorney-Client Privilege with Former Employees
A critical skill for any corporate counsel is the ability to assess which internal conversations are protected by attorney-client privilege and take steps to ensure that privilege remains unbroken.
