 Achievements
- U.S. News – Best Lawyers® “Best Law Firms”, published by Woodward/White, Inc. – Commercial Litigation, Metropolitan Tier Ranking (2011-2022)
- U.S. News – Best Lawyers® “Best Law Firms”, published by Woodward/White, Inc. – Mediation, Metropolitan Tier Ranking (2020-2022)
ExperienceEnergy Representation Represented a client in an action to recover enhanced attorneys’ fees to remedy the United States’ inappropriate attempt to enforce the Fair Labor Standards Act (FLSA). Munsch Hardt’s client [more]Represented a client in an action to recover enhanced attorneys’ fees to remedy the United States’ inappropriate attempt to enforce the Fair Labor Standards Act (FLSA). Munsch Hardt’s client was the target of a Department of Labor (DOL) investigation and eventual civil enforcement action, wherein the DOL alleged the client mischaracterized workers under the FLSA. The DOL initially sought civil penalties against the client, which were roughly equivalent to the client’s entire net worth. A team of Munsch Hardt attorneys obtained summary judgment dismissal of the DOL’s enforcement action, then sought to recover attorneys’ fees under provisions of the Equal Access to Justice Act. The district court awarded fees under a provision that caps recoverable fees, but declined to award fees under a provision reserved for situations in which the United States acts in “bad faith.” The United States appealed the fee award made against it, and Munsch Hardt cross-appealed on behalf of the client requesting the appellate court rule the more punitive bad faith provision had been triggered. The court agreed and ruled the United States indeed had conducted the investigation and enforcement action in bad faith, reversing the lower court. [less]Manufacturing Representation Obtained an appellate ruling in favor of a mobile phone manufacturer, against allegations the client’s technology led to the death of a 9-1-1 caller. A team of Munsch Hardt attorneys obtained a Rule 12(b)(6) [more]Obtained an appellate ruling in favor of a mobile phone manufacturer, against allegations the client’s technology led to the death of a 9-1-1 caller. A team of Munsch Hardt attorneys obtained a Rule 12(b)(6) dismissal of the underlying claims before a district court, because the plaintiffs could not establish a causal link between the operation of the mobile phone and the caller’s death. The litigation team established on the face of the pleadings, it was evident emergency responders could have reached the 9-1-1 caller in time to assist if they timely had used information relayed by a 9-1-1 dispatcher. Munsch Hardt briefed and presented oral argument in the subsequent appeal, where the court affirmed the lack of a causal relationship to the 9-1-1 caller’s death and further ruled mobile phone manufacturers, as well as data service providers, are beneficiaries of a Texas “immunity” statute that applies to equipment or services used for 9-1-1 calls. [less]Trustee Litigation Representing a trustee in litigation against the former brokers and officers and directors of a failed life settlement company that was engaged in a massive fraud selling fractional interests in life insurance [more]Representing a trustee in litigation against the former brokers and officers and directors of a failed life settlement company that was engaged in a massive fraud selling fractional interests in life insurance policies. [less]Telecommunications Representation Defended one of the largest mobile communications companies in the world in a warranty class action involving more than three million products. Equal Employment Opportunity Represented two large owner/operators of fitness clubs in connection with claims of race discrimination and retaliation by a former employee. Guided clients through the Equal Employment Opportunity [more]Represented two large owner/operators of fitness clubs in connection with claims of race discrimination and retaliation by a former employee. Guided clients through the Equal Employment Opportunity Commission charge process, then defended clients in a lawsuit filed by the former employee. Obtained a quick dismissal for one client and a favorable settlement for the other client after filing a motion for summary judgment based on a complex statute of limitations argument. [less]Financial Institution Representation Defense of a financial institution for lending practices resulting from the alleged misuse of collateral owned by a third party and claims for damages of $1.5 MM resulting in a summary judgment that the plaintiff [more]Defense of a financial institution for lending practices resulting from the alleged misuse of collateral owned by a third party and claims for damages of $1.5 MM resulting in a summary judgment that the plaintiff take nothing. [less]Manufacturer Representation Successfully defended a leading manufacturer of personnel lifts in a products liability case in which, after a three week jury trial, the general contractor for the Baylor football stadium was charged with [more]Successfully defended a leading manufacturer of personnel lifts in a products liability case in which, after a three week jury trial, the general contractor for the Baylor football stadium was charged with negligence and ordered to pay $17 MM in a death case while our client, the lift manufacturer, was exonerated. [less]
OverviewWe believe there are three distinct features that set apart Munsch Hardt’s Litigation practice – our abilities, our rate structure and how we staff cases. First and foremost, we are a team of intensely focused attorneys who represent clients in the most intricate business disputes throughout the U.S. While going to trial is not our goal, it is a distinct advantage for opposing counsel to know we are willing and able to do so if necessary. Second, our rate structure for complex business disputes is the starting point of efficiency. Third, we begin with the fundamental belief that we want each client to be a client for life. Therefore, our goal is simple – find the most efficient possible solution to each problem. Equally comfortable in a courtroom or boardroom, or before an arbitration panel, our lawyers bring a wealth of experience and depth of commitment to the following areas: Why We're DifferentWhen you hire a Munsch Hardt attorney, you hire a seasoned trial attorney who will personally manage every pivotal component of your case – from assembling the ideal team, developing strategy, navigating discovery and securing the right expert witnesses to conducting important depositions, arguing motions and more. And, when the trial date arrives, our attorneys will be fully prepared to put on your best case. Our hands on approach and willingness to try cases makes us comfortable in nearly every Texas courthouse. NewsroomIn The News Law360 Speech 16th Annual Fishing for Solutions Conference Press Release In The News Law360 In The News The Texas Lawbook Press Release Speech Courtroom Sciences Inc. Newsletter June 25 & 30, 2021 Newsletter June 25, 2021 Article Texas Lawyer In The News Law360 Newsletter June 4, 2021 Press Release In The News The Texas Lawbook In The News Texas Lawyer Article Texas Lawyer Newsletter March 19, 2021 Newsletter March 12, 2021 Speech Construction Law Section of the State Bar of Texas, 34th Annual Construction Law Conference Newsletter March 5, 2021 Newsletter Article American Bar Association's Tort Trial & Insurance Practice Section The Brief, Volume 50, Number 2 Newsletter February 5, 2021 Newsletter January 29, 2021 Newsletter December 18, 2020 Oral Argument U.S. Court of Appeals, Fifth Circuit; Lead Counsel for Appellants Kevin Bryan; Franklin Brock Wendt; and Marchand Law, L.L.P. Press Release Newsletter November 20, 2020 Speech 2020 Bernard O. Dow University of Texas Leasing Institute Press Release Newsletter October 27, 2020 Newsletter October 9, 2020 Speech IADC Contracts & Risk Management Conference Press Release Newsletter July 13 and September 18, 2020 Press Release In The News Bisnow Speech TexasBarCLE 16th Annual Course: Advanced Consumer and Commercial Law 2020 Speech ACA International 2020 Virtual Convention & Expo Speech AGC Houston Newsletter June 26, 2020 Newsletter June 19, 2020 Newsletter June 12, 2020 Oral Argument U.S. Court of Appeals, Fifth Circuit; Oral Argument Counsel for Appellants Construction Cost Data, L.L.C.; The Job Order Contract Group, L.L.C.; and Managed J.O.C. Solutions, L.L.C. Speech Dallas Bar Association Tort & Insurance Practice Section Meeting In The News Bisnow Speech Bisnow DFW Speech Associated General Contractors, Houston Chapter Speech American College of Coverage Counsel 2020 Annual Meeting Press Release Newsletter May 1, 2020 Article Dallas Bar Association Headnotes Newsletter February 28, 2020 In The News Bisnow Newsletter In The News Law360 Newsletter Speech Newsletter Article Texas Lawyer Article Texas Lawyer In The News Law360 In The News Bisnow In The News Bisnow Oral Argument U.S. Court of Appeals, Fifth Circuit; Lead Counsel for 4JLJ, L.L.C. and John Jalufka Newsletter February 21, 2020 Speech HalfMoon Education, Inc. Newsletter February 7, 2020 Press Release Newsletter January 24, 2020
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