This case involved a work place death resulting from a prefabricated stair falling on the truck driver who transported it to the worksite. On behalf of the wife and three minor children, Plaintiff’s counsel, John O’Quinn, demanded $38 million before trial. After three weeks of trial, the jury could not reach a decision, and a mistrial was declared. WJ represented the subcontracting crane company. They were the targets of the litigation accused of knocking the stair off the truck onto the decedent. After the mistrial, WJ represented both the general contractor and the crane company. WJ persuaded the court to grant summary judgment for the general contractor. A week into the second trial, WJ settled the case for a favorable confidential amount that had been offered two years earlier and remained on the table. Partners Don Jackson and Paul Smith were assisted by a team including partners Tim Lee and Eileen O’Neill.
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Ware, Jackson, Lee, O’Neill, Smith & Barrow, LLP partners, Don Jackson and Eileen O’Neill, defended a partnership claim on behalf of a national cellular phone provider with a majority ownership interest in the partnership.
The plaintiffs were minority partners who sought forfeiture of the majority partner’s interest in a legacy partnership. The legacy partnership held a lottery-won FCC license to provide cellular phone services to a county in Texas. The minority partners asserted claims of breach of fiduciary duty and breach of contract against the majority partner. Plaintiffs sought forfeiture of the majority partner’s interest.
Approximately 10 months before trial of the case, this national cellular phone company replaced their lead counsel, a national law firm, with Don Jackson of Ware, Jackson, Lee, O’Neill, Smith & Barrow, LLP based on Jackson’s and the firm’s experience in complex and lengthy trials. Don Jackson and Eileen O’Neill began trial in a state district court in August, 2007. After nearly two months of trial, the case settled favorably for a confidential sum.
Ware, Jackson, Lee, O’Neill, Smith & Barrow, LLP partner, Eileen O’Neill, received a complete defense verdict on a $9.5 million claim brought against our clients who were partners in a commodity trading and distribution partnership.
At trial, Eileen O’Neill represented Southern Chemical Corporation and its individual partners in a claim brought against them by former partner, Tommy Cox. Cox brought a $9.5 million claim against our clients for alleged fraud, breach of contract and tortuous interference with contract. After a full jury trial, Cox was awarded nothing by the jury or court. Not satisfied, Cox appealed and Ware, Jackson, Lee, O’Neill, Smith & Barrow, LLP appellate specialist, Tim Lee, won the appeal. The appellate decision is Cox v. Southern Garrett, LLC, 45 S.W.3d 574 (Tex.App.-Houston [1st Dist.], 2007).
Ware, Jackson, Lee, O’Neill, Smith & Barrow, LLP partner, Don Jackson, defeated a $7,000,000 claim brought against our client by Haverford College.
Our partners, Don Jackson, as co-lead counsel, and Eileen O’Neill, as trial appellate counsel, represented the estate of a wealthy and prominent Texan when Haverford College sued the estate to collect on alleged pledges and promises by the deceased to provide money to Haverford. The college’s evidence included signed pledges. Our evidence included an extensive file that the college kept on our client, including our client’s drinking habits, and communicating other intimate details about our client’s personal life. In the end, despite the college’s evidence of pledges, we received a verdict from the jury that defeated Haverford’s claims in their entirety.
Ware, Jackson, Lee, O’Neill, Smith & Barrow, LLP partner Eileen O’Neill served as co-trial counsel in successfully prosecuting Exxon’s claims against Lloyd’s of London to recover insurance coverage for damages paid as a result of the Exxon Valdez oil spill.
Eileen O’Neill served as co-trial counsel with Mr. Don Bowen of Helm, Pletcher, Bowen and Saunders and Mr. George Bramblet of Haynes and Boone, LLC, in the trial of a case brought by Exxon Corporation against Certain Underwriters at Lloyd’s of London to recover over $1 billion in insurance coverage for damages paid by Exxon as a result of Exxon Valdez grounding and oil spill in Prince William Sound outside Valdez, Alaska. A substantial part of the case was settled prior to trial pursuant to a confidential settlement agreement, and the rest of the case was tried to a jury which returned a verdict favorable in all respects to Exxon. The court entered judgment in favor of Exxon for a total of $410,345,119.72, comprised of actual damages of $238,473,752.50, pre-judgment interest of $151,106,406.87, and attorney fees and costs of $10,764,960.35, plus attorney fees for appeal in the amount of $1,500,000 in the event the case was appealed and Exxon prevailed. The parties mediated the judgment while appeal was pending and reached a favorable, confidential settlement.