Representative Business and Commercial Dispute Cases
The circumstances and results of these cases are representative of Mr. Ayres and his firm in the handling of such matters for more than 30 years. The results of a particular case depends upon the individual factual background of the case and a number of related considerations. Therefore, the results presented here may or may not be comparable to any particular case that is accepted in the future.
Mr. Ayres and his firm represented the business interest of his deceased client and the client's family in one of the most lengthy and complex pieces of litigation recorded in Texas history. In that case, the plaintiffs alleged that the deceased client's friend, business associate and attorney had fraudulently attempted to obtain ownership and control of decedent's stock in a substantial private oil company. In the resulting trial, the jury awarded $83,000,000.00 verdict in actual damages and punitive damages. The defendant then pursued parallel litigation in both state and federal court attacking the validity of the judgment. His state court appeal was ultimately dismissed based upon the Court of Appeals' finding, affirmed by the Supreme Court of Texas, that the defendant had trifled with the state court system. See Humble Exploration Co. V. Browning, 677 S.W.3d 111 (Tex.App.- 5 Dist., 1984), en banc opinion on motion to reinstate, 690 S.W.2d 321 (Tex.App.- 5 Dist., 1985). In addition, the defendant attacked the validity of the judgment in a related bankruptcy case initiated on his behalf and also in a civil rights action. Mr. Ayres represented the family in the trial and on appeal of these cases as well. After years of protracted litigation, the family ultimately prevailed in all these cases. See Browning v. Navarro, 887 F.2d 553 (5th Cir. 1989).
Mr. Ayres and Tom Albright of Scott Douglass & McConnico represented a private physician in litigation against another physician and a major national healthcare provider in a case tried in Houston, Texas. In that matter, Mr. Ayres' client contended that his partner had breached his fiduciary duty by secretly accepting financial consideration from the national company and attempting to conceal this information, in addition to other acts of fraud, misrepresentation, and breaches of contract. The jury awarded a $6,430,000.00 verdict in both actual and punitive damages. See Aboud v. Schlichtemeier, 6 S.W.3rd 742 (Tex.App.- Corpus Christi, 1999).
Mr. Ayres and his firm were retained to represent the estate and surviving daughter of an individual in a major lawsuit against the decedent's putative wife, his financial services provider, and his friend, who was also a licensed attorney. The decedent's estate and family alleged that while the decedent suffered from severe mental problems related to both long-standing disease processes and a major brain injury, the defendants had conspired to control and distribute the decedent's assets contrary to the terms of his will and direct court orders of the New Mexico District Court. Following protracted litigation in New Mexico state trial and appellate courts, and in federal courts both in New Mexico and Texas, the case was settled for a confidential amount. The records of this proceeding have been sealed pursuant to New Mexico law and various court orders.
In a very recent case, Mr. Ayres with Tom and Bill Albright of Scott Douglass & McConnico represented a large, family-owned Mexican corporation against a Fortune 500 American corporation. The plaintiffs alleged that the defendant and its executive officers violated earlier orders of a federal court in the District of Columbia relating to anti-trust and anti-competitive behavior, fraud, as well as a number of breaches of contract between the parties. Following a lengthy trial before of a United States District Judge, the case was settled for a confidential amount of money and an agreed court order, whereby Mr. Ayres' client was protected from the certain conduct of the defendants. See Ruhrpumpen, Inc. v. Flowserve Corporation, et al., Cause No. 3:02-1931-K, In the United States District Court for the Northern District of Texas, Dallas Division.