Harris County, Texas

Fraud, Negligent Misrepresentation, Breach of Resulting and Constructive Trusts, violation of statute for enforcement of warehouse lien, and Unjust Enrichment.

March 2014

• Lead counsel at trial for plaintiff Behrndt, individually and d/b/a EZ Management GP LLC, Behr Construction, Inc.
• Business dispute over precision machine equipment for oil industry acquired at Constable Sale by plaintiff, then acquired by defendant to enforce warehouse lien.
• Jury verdict in favor of defendant.  $612,700 Lost Profits, past; $563,600 Lost Profits, future; $1,200,000 loss in FMV of equipment and materials; $2,750,000 damages for civil conspiracy; $500,000 for filing lawsuit in bad faith and for purposes of harassment; $3,000,000 in punitive damages; and $275,000 attorney's fees.  Total $8,901,300 for defendant.

Trial result:

Final Judgment for $612,700 Lost Profits, past; $563,600 Lost Profits, future; and $275,000 attorney's fees.  Total $1,451,300 for defendant.

Final Judgment reversed on appeal:

Reformed to award defendant $49,161.18.  Remanded for new trial on attorney's fees.