DALLAS – Dec. 3, 2020 -- Greenberg Traurig’s Texas Appellate Practice successfully defended on appeal the trial court’s dismissal of a $100 million suit relating to the tax increment finance sale for the historic Statler Hotel and downtown library in Dallas.
The global law firm successfully represented Jefferies LLC before the Second Court of Appeals in Fort Worth.
“The court determined that the plaintiffs, development firms, were not entitled to any damages from our clients,” said Dale Wainwright, co-chair of the firm's National Appellate Practice and chair of the Texas Appellate Practice. “This outcome has been years in the making, and we are very happy for our clients and pleased with the opinion of the court.”
During the underlying trial court proceedings in the 141st District Court of Tarrant County, Greenberg Traurig shareholder Katherine Treistman methodically dispelled all nine causes of action. This resulted in the complete dismissal of all claims with prejudice under Texas Rule of Civil Procedure 91a. She was also able to obtain attorneys’ fees and costs as the prevailing party.
“This case reaffirms that dismissal can be won through painstaking identification of missing facts and showing that the plaintiffs’ own facts negate elements of their claims. Rule 91a is a powerful tool for defense lawyers when used correctly,” Treistman said.
In addition to Treistman and Wainwright, the Greenberg Traurig team included shareholder Heidi Bloch and associate Justin Bernstein.
Click on this link to read the court’s opinion in Fiamma Statler, LP; Fiamma Partners, LLC; and Fiamma Management Group, LLC v. Matthew D. Challis and Jefferies, LLC.
About Greenberg Traurig’s Appellate Practice: Greenberg Traurig’s Appellate Group has been involved in some of the most important and consequential cases of our time. In recent years, GT’s Appellate lawyers have played key roles in cases addressing voting rights and election law, federal constitutional law, environmental law, labor law, white collar criminal law, First Amendment law, real estate law, civil rights law, intellectual property and patent law, and administrative and regulatory law. The GT appellate philosophy is to combine forum-knowledgeable lawyers who have a comprehensive understanding of their jurisdictions with colleagues who have a proven record of substantive excellence in the legal issues involved in our clients’ appellate cases.
About Greenberg Traurig Texas: Texas is important to Greenberg Traurig, LLP and part of its history. With more than 130 Texas lawyers in Austin, Dallas, and Houston, Greenberg Traurig has deep roots in the Texas business, legal, and governmental communities. Greenberg Traurig Texas works with clients to address their interdisciplinary legal needs across the state utilizing the firm’s global platform. The Texas attorneys are experienced in industries key to the state’s future, including: aviation, chemicals, construction, education, energy and natural resources, financial institutions, health care, hedge funds, hospitality, infrastructure, insurance, media, medical devices, pharmaceutical and biotechnology, real estate, retail, sports, technology and software, telecommunications, transportation, and video games and esports.
About Greenberg Traurig: Greenberg Traurig, LLP (GT), has approximately 2200 attorneys in 40 locations in the United States, Latin America, Europe, Asia, and the Middle East. GT has been recognized for its philanthropic giving, diversity, and innovation, and is consistently among the largest firms in the U.S. on the Law360 400 and among the Top 20 on the Am Law Global 100. The firm is net carbon neutral with respect to its office energy usage and Mansfield Rule 3.0 Certified. Web: www.gtlaw.com