As attorneys, we often draw parallels between our profession and circus jugglers – its not uncommon for us to bounce from one matter to another with scarce time to breathe between problem-solving. That said, there are, on occasion, particular cases which stick out in our minds even after we’ve moved on to new clients. We asked each of our attorneys to recap their favorite (or at least, the most memorable) of their cases from the past year, and this is what they’ve come up with:
The Big Deal: Bruce Tough
The Scenario: A political hit job masquerading as a ballot contest in a local election. Our clients were being threatened with removal from the election ballots on the grounds that a technical application rule was not complied with mere weeks before the election.
The Solution: Team Tough was brought in as on-the-ground counsel for an interstate effort consisting of four law firms across four states. Brought in with only three days to go before a temporary injunction hearing in the matter, my team and I rushed to coordinate a trial-level defense with our valued attorney colleague, Eric Opiela, while the other firms involved in the litigation handled a slew of contemporaneous appellate court filings. We conducted depositions, assembled evidence, and I gained great insight into the practical workings of election law in Texas – an area in which I had not regularly practiced for some years. I thrive under pressure, and the intense political spotlight shown upon this matter – along with the extremely dire consequences if our clients had been taken off the ballots – helped me put forward a successful defense of our clients – proving to the parties, the courtroom, and Montgomery County in general that the Tough Law Firm believes in the right of the people to choose their own elected officials.
The Honey Badger: Diana Tough
The Scenario: A disappointing loss at the trial court regarding a land-ownership dispute with a value in the hundreds of thousands of dollars with the slimmest of chances of reversal through appeal.
The Solution: Countless hours of record review, case law research, and drafting resulted in a comprehensive plea delicately discussing the trial court’s mistake in considering certain evidence that should have been excluded under Texas law. While it is often tempting for clients (and their attorneys) to give up or give in after defeat at the trial court level, that’s where I step in to make sure that, if the law wasn’t followed, we take our case to the next level to ensure our clients receive the full benefit and protection of the law. In this case, the legal issues raised on appeal were incredibly contentious, and the parties were eventually called to give oral arguments to the appellate court before a settlement resolving the dispute was reached. I take comfort from the fact that a loss at the trial court, if due to an error in the system, is not a death knell for our clients, and we can successfully pursue appellate relief to protect our clients’ interests in any arena.
The Closer: Paula Hughes
The Scenario: A will drafted by a deceased patriarch of a family left ambiguous the question of who would receive over $500,000 in separate property. Depending on the will’s reading, one beneficiary would take it all while the other beneficiary would be left with nothing.
The Solution: There’s nothing more dangerous than someone willing to lay it all on the line. In line with our client’s wishes, I pursued a judicial remedy seeking a determination on the language at issue. Knowing the extremely high stakes of the case – failure on my part would leave my client with next to nothing from the will – I prepared night and day by pouring over the relevant case law and rehearsing my arguments to the point of reciting them in my sleep. The morning of trial, I walked in with a clear goal in mind – my client had to win, and I was prepared to argue as much as needed to make that happen. The courtroom was filled with witnesses from both sides, and the trial table was stacked with binders of exhibits and case law from which to source arguments. Just before we began, however, the two sides made a final attempt at settling the matter on the courthouse steps. The knowledge that I was fully prepared to fight and win this case helped to maintain a firm position for my client, and we ultimately came to a resolution within the fifteen minutes allotted by the judge of an incredibly favorable award to my client in line with what I believe the deceased patriarch would have wanted. I’m incredibly proud of this result and the maxim it supports – fortune favors the prepared.
The Negotiator: Daniel Armentor
The Scenario: A heated ownership dispute among business partners at a high-value technology and agriculture start-up boiled over into a multi-million-dollar lawsuit alleging fraud, mismanagement, and fiduciary duty violations through violations of the Texas Business Organizations Code.
The Solution: Despite the high stakes and intense emotions felt by the business partners, Team Tough was able to not only defend our client against these substantial claims but also negotiate a comprehensive settlement. This agreement not only resolved all claims against our client but also facilitated a buyout of the minority shareholder’s shares for a nominal amount. This case was particularly important to me as it underscored our firm’s ability to navigate complex disputes and achieve amicable solutions that seemed out of reach, affirming our role as advocates who bring clarity and resolution to contentious situations.
The Analyst: Courtland Pettigrew
The Scenario: An employer was sued by an ex-employee for claims of racial and disability discrimination in federal court over spurious allegations of “color preference for snacks” and “replacing cabinets to match their skin tones”. When the employer unfortunately didn’t have employee-claims liability insurance, it came to the Tough Law Firm to defend against the ex-employee, who was proceeding pro se in the federal court.
The Solution: Get the lawsuit dismissed. The mere fact that my client had to pay money to defend against a claim of this nature personally offended me, and I resolved to use the Federal Rules of Civil Procedure to have the case dismissed as soon as possible. By nature, employment discrimination claims are complex – they involve multiple shifting evidentiary burdens and are typically very fact intensive – all factors which weigh against any quick resolution of the case. However, I was undeterred – even as the pro se litigant continued to file new briefs and motions, week after week, I was determined that a federal judge would see through the alleged claims of harm and understand that there was no legal basis for these claims. I prepared a lengthy 12(b)(6) motion to dismiss which the judge ultimately granted – a result which essentially never happens. I am overjoyed that the law was correctly applied in this case and the federal court agreed that the plaintiff’s claims, while amusing to review, were dismissed, thus saving my client thousands of dollars in future legal fees and ensuring that frivolous lawsuits, and litigants, never prosper.
The Bloodhound: Vincent Melore
The Scenario: A subcontractor construction client was forced into a multi-million-dollar lawsuit for alleged construction defects when our client never performed the work.
The Solution: It was clear to me from the beginning that there was no basis for seeking liability against our client. The insurance company’s approach was to cast a wide net, suing nearly everyone remotely connected to the case, including our client, whose name was mentioned only tangentially in the fire marshal’s report. The insurance company tried to use that tenuous connection to intimidate and extort our client. We knew better. Conducting our own thorough investigation, we uncovered a critical truth: the supposed witness who named our client in the report didn’t actually know them. In fact, the reference to our client’s name was nothing more than a passing mention during a joke! Armed with this revelation, we quickly acted to protect our client. We filed a motion for summary judgment, arguing for the dismissal of the baseless claims and seeking attorney fees. Faced with our strong evidence and decisive action, the insurance company folded, and our client walked away victorious. This case serves as a reminder of the importance of standing firm against unwarranted legal pressure and ensuring justice prevails for those who might otherwise be overlooked. At the Tough Law Firm we’re proud to defend the underdogs and secure fair outcomes for our clients.
Disclaimer: Although we are extremely proud of our excellent track record, past results are not a guarantee of future results, and the outcome of your particular case or matter cannot be predicted using a lawyer’s or law firm’s past results.
