THREE CASES WHICH DEFINE US AS ATTORNEYS

For 40 years, attorneys at Glickman, Carter & Bachynsky, L.L.P. have handled hundreds of cases - big and small, throughout the United States.  We have decades of experience trying and resolving cases which we bring to bear for our clients.  Three cases give insight into what we do for our clients and our commitment to a client's lawsuit.

OVERCOMING GREAT ODDS

Roger Sims v. Kaneb Services, Inc., et al., In the 334th District Court, Harris County, Texas, No. 86-2474

Roger Sims was fired for refusing to commit an illegal act.  When Mr. Sims finally came to us, his present lawyer was withdrawing from his case.  He was turned down by five other law firms.  He was under criminal indictment instigated by the defendant. The defendant had filed charges with the Texas State Board of Public Accounting to take away his CPA license.  Roger had almost no money, no discovery had been done on his behalf, and the other side had already taken his deposition.  Things looked bleak.  We entered the case, noticed seven depositions immediately, and the defendant filed a motion to dismiss the case which was granted.  We appealed and reversed the ruling of the trial court and then proceeded to prepare for trial.  Roger C. Sims v. Kaneb Services, Inc., et al. (1988 WL 62294).  We tried the case to a jury and obtained the 5th largest verdict in the United States in 1989.  The case was settled for an amount that is confidential. 

The Sims result illustrates a core strength of our firm: unlocking hidden value in so-called "difficult cases."   We take on any defendant, even though the odds may seem to be against us, as long as we believe that defendant has done something wrong.

The Sims case launched this law firm's career in complex employment litigation.  The next employment case we tried resulted in the second largest verdict for an individual plaintiff in the United States in 1992, and the largest known verdict ever for a wrongfully terminated employee.  No. 90-7220-M, Jimmy W. Janacek v. Triton Energy Corporation and William Lee, In the 298th Judicial District Court, Dallas County, Texas.

JUSTIFYING THE CONFIDENCE LAWYERS HAVE IN US

Tanox, Inc. v. Akin Gump Strauss Hauer & Feld, L.P., et al., 105 S.W.3d 244 (Tex.App.-Houston [14th Dist.] 2003, pet. denied).

We represented three law firms whose client refused to honor a contract to pay legal fees in a trade secrets case.  We obtained a favorable arbitration award after we presented evidence for 34 days with 18 witnesses and over 400 exhibits.  The award entitled our clients to fees based upon royalties and other payments.  The drug royalties are estimated to exceed $1 billion to Tanox.

This case was complex.  It required the mastery of the case that our clients handled and the case that we brought for our client and thousands of documents.  We learn the facts thoroughly because the facts are the foundation of winning.

It took eight year for the award to be affirmed on appeal.  In other words, we do not give up; we get results. 

This is not the first time we have represented lawyers.  We have represented a past President of the Houston Bar and a past President of the Texas Trial Lawyers Association.  Lawyers have sought us out in a variety of circumstances, including when an attorney was involved in disputes with a client, law firm or company, when their firm has dissolved or merged, or in grievance proceedings.  We also represented the judge when Texaco attempted to disqualify him in the Texaco-Pennzoil case.

It is an honor to represent our brethren at the bar.  Lawyers have a unique window to see the abilities and character of their fellow lawyers.  Many of our cases are referred to us by other attorneys. 

Whether it is lawyer or layman, we approach each case the same way and work hard and creatively to achieve a result our clients want.

A SEVEN YEAR ODYSSEY

Robertson Oil Co. v. Phillips Petroleum

This case was tried in Ft. Smith, Arkansas.  Our client, Robertson, sued in 1986 for fraud and tortious interference.  The first trial occurred in October 1987.  The jury found actual damages for our client of $750,000.00 and assessed punitive damages of $5 million.  The defendants appealed.  871 F.2d 1368 (8th Cir. 1989) (Robertson I).  The court ordered a retrial of fraud, negligence, and punitive damages, but allowed the tortious interference award of $750,000.00 to stand.  In the second Robertson case, Robertson was awarded $8 million in punitive damages.  At the time, this was the largest damage award in the history of Arkansas in a commercial case of this type.  The defendants appealed again.  930 F.2d 1342 (8th Cir. 1991) (Robertson II).  Following a new U.S. Supreme Court decision, the 8th Circuit sent the case back to the trial judge, Judge Morris Arnold, to examine the punitive damage award again.  Judge Arnold affirmed the punitive damage award again.  Robertson Oil Co., Inc. v. Phillips Petroleum, 779 F.Supp. 1994 (W.D. Arkansas 1991).  The defendants appealed for a third time.  A panel of three judges of the 8th Circuit affirmed the decision of the trial court. 14 F.3d 360 (Robertson III).  Then, all judges of the 8th Circuit affirmed the decision of the trial court and the jury.  14 F.3d 373 (8th Cir. 1993, en banc) (Robertson IV).  The defendants appealed to the United States Supreme Court.  After lengthy briefs were filed, the United States Supreme Court refused to hear the case. 

Finally, the total amount of $11,067,275 was collected, of which the client received $7,115,838 after fees and expenses.  After seven years, numerous appeals, and two jury trials, the case was over. 

We do not give up.  We are in for the long haul.  We are committed to finishing the job. 

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