Civil Litigation & Commercial Litigation

The attorneys at The Law Office of Daniel O’Brien, P.C. assist individuals and businesses in assorted commercial and civil litigation matters. The areas of civil litigation and commercial litigation are quite broad.  We recommend that you contact an civil attorney at our Law Firm to determine whether we handle your particular legal needs.  Below are some of the types of cases that we handle for clients:

  • Appeals
  • Business Torts
  • Construction / Construction Defect Cases
  • Contract Disputes
  • Insurance Coverage Cases / Bad Faith Claims
  • Partnership Disputes
  • Oil & Gas
  • Real Estate Cases

Representative Experience

Our lawyers have represented clients in the following types of disputes:

Appeals

  • Substantial work on over 60 civil and criminal appeals while serving as briefing attorney at the First Court of Appeals in Houston, Texas.
  • Representation of judgment debtors in appeal of judgment taken against partnership in garnishment action. Favorable settlement resulted in safeguarding of assets owned by individual partners.
  • Representation of individual in partnership dispute after judgment taken against client. Results include granting of motion for new trial and court’s order vacating judgment against client in excess of $300,000.00.

Automotive

  • Obtained summary judgment on declaratory judgment action against financing division of major automobile manufacturer and dismissal of resulting appeal.

Business Torts

  • Assisted in obtaining summary judgment in favor of commercial landowner in federal court lawsuit involving section 1983 claims.
  • Assisted in representation of corporate and individual defendants in trade secret cases, including state and federal litigation.
  • Representation of individual defendant in claim under Texas identity theft statute. Obtained dismissal with prejudice for client before trial in county court suit and obtained summary judgment in favor of client in related case pending in district court.
  • Obtained judgment in favor of creditor against defendant’s related entities in declaratory judgment action to pierce the corporate veil of judgment debtor.

Construction / Construction Defect Cases

  • Representation of custom home builder in dispute with homeowners regarding alleged defective construction.  Obtained favorable settlement of claims before trial.
  • Successful prosecution of claims by subcontractor against general contractor for misuse of construction trust funds, including wrongful allocation of settlement funds between general contractor and property owner.
  • Assertion of statutory mechanic’s liens by general contractors and subcontractors and assertion of constitutional lien claims by general contractor against property owners.
  • Representation of multiple clients in efforts to summarily remove wrongfully asserted liens claims.

Contract Disputes

  • Representation of vendor against property developer in breach of contract case. Obtained judgment in favor of client after trial to court.
  • Representation of assorted clients in numerous contract disputes.
  • Representation of financial institution in garnishment and turnover actions, including claims related to repossession of vehicles.
  • Defense of major manufacturing company in case involving claims that products were non-conforming goods and breach assorted express and implied warranties.

Insurance Coverage / Bad Faith Claims

  • Representation of homeowners association in claims against insurer regarding payment of damages associated with hail damage.  Obtained payment of 100% of cost of repair by carrier.
  • Representation of environmental disposal company in claims against insurance carrier for failure to pay damages associated with vehicle accident and concurrent causation provisions in insurance contract.
  • Representation of homebuilder in coverage dispute with insurer.  Resolution reached whereby by carrier provided defense to and indemnity to alleged claims.

Intellectual Property

  • Representation of national and international beauty and haircare product manufacturer in trademark infringement and unfair competition action against Nevada-based distributor. Favorable settlement obtained.
  • Representation of national and international beauty and haircare product manufacturer in trademark infringement action against Chinese counterfeiter.
  • Representation of medical technology manufacturer in trademark, copyright and patent infringement action. Dismissal obtained before trial.

Oil and Gas

  • Representation of property owner in dispute regarding oil and gas reservation. Assisted in obtaining successful settlement in real estate fraud case involving oil and gas lease of approximately $1,000,000.00. (Settlement includes immediate payment of $229,893.34 to clients after deducting for attorneys’ fees and costs, division of mineral interests, and expected future payments of royalties based on expert’s market projection at time of settlement.)

Partnership Disputes

  • Frequent representation of individuals in partnership disputes and business dissolutions.

 Real Estate Law

  • Representation of owner of largest outlet mall in Texas in landlord/tenant disputes.
  • Representation of homeowners’ association in inverse condemnation claims against municipal government resulting in multi-million dollar settlement of claims and buyout of damaged property by municipality. (Actual recovery was over $4,100,000.00 after deducting attorneys’ fees and costs to client.)
  • Representation of property purchasers in fraud action against sellers in contract for deed cases.  Judgments included adjudication of title in favor of clients and award of punitive damages against sellers for failure to transfer property in timely manner.
  • Representation of commercial developers in assorted transactional and litigation matters.
  • Representation of real estate developer in arbitration in action by homeowners’ association related to cost-sharing of community amenities, including community airstrip.

The Firm does not routinely handle civil rights, disability claims, immigration, patent prosecution and employment law issues.  We routinely refer these matters to other counsel.  In some cases, we combine our experience in one field of the law with other attorneys to provide a comprehensive solution to legal problems involving more than one are of law.

Latest News

Daniel O'Brien Rated AV Preeminent* by Martindale.com

Daniel O'Brien has received a rating of AV Preeminent* by Martindale-Hubbell.  Martindale-Hubbell and Martindale.com base ratings on peer and client

Hays County Appoints Dan O'Brien to Serve as Emergency Services District Commissioner

(March 2017) The Hays County Commissioners Court appointed Dan O'Brien to serve as Commissioner of the North Hays County Emergency Services District N