Litigation

The attorneys with the litigation section at Martin & Drought, P.C. have a long and proven track record of success in representing businesses, individuals and organizations before state and federal trial and appellate courts on a wide array of matters, with a decided emphasis on complex commercial litigation. Our philosophy is simple and effective: litigation is about winning, and the keys to winning are thorough preparation combined with sound strategic planning and aggressive, skillful advocacy. At every step of the way, we ensure that the client is kept well-informed and that critical decision-making is based on a comprehensive understanding of all relevant considerations. In today's environment, the resolution of disputes through mediation or arbitration, rather than by trying the case at the courthouse, is increasingly common. Our litigation attorneys have extensive experience in all types of alternative dispute resolution methods and will carefully review your case and analyze and discuss with you the pros and cons of the various options available. If we can assist you with a litigation matter, please give us a call.

Focus Areas:

Appellate
  • Experienced in handling appeals in various courts of appeals throughout the state, the Texas Supreme Court, and the U.S. Fifth Circuit Court of Appeals
  • Arbitration and Mediation
  • Pre-trial dispute mediation
  • Binding and non-binding arbitration proceedings
  • Collections
  • Collection of open accounts, promissory notes and other types of indebtedness
  • Recovery of collateral
  • Collection of judgments
  • Construction
  • Representation of owners, developers, contractors, suppliers and design professionals in construction-related disputes
  • Defective construction and defective design claims
  • Disputes concerning construction delays and delay damages
  • Mechanic's and materialmen's lien matters
  • Payment and performance bond claims
  • Contractor and supplier warranty claims and breach of warranty disputes
  • Fiduciary Litigation
  • Experienced in handling fiduciary duty disputes involving trusts, probate and estates, and corporate officers and directors
  • Financial Institutions
  • Lender liability claims
  • Enforcement of loan documents
  • Bank deposits and collections matters
  • Sequestrations, garnishments and other extraordinary relief
  • Breach of contract and negligence suits
  • Customer information requests and subpoenas
  • General Business
  • Breach of contract claims
  • Commercial tort cases
  • Shareholder/Partner disputes
  • Deceptive Trade Practices Act defense
  • Insurance
  • Representation of carriers, agencies, insureds and other claimants in a wide array of matters involving life insurance, health insurance, property and casualty policies, health and disability policies, and other insurance products
  • Analysis of coverage issues and preparation of coverage opinions
  • Subrogation claims
  • State receivership proceedings
  • Claims in connection with construction-related bonds and other commercial sureties
  • International Commercial Litigation
  • Extensive experience in representing Mexican and other foreign individuals and businesses before U.S. federal and state courts
  • Representation of U.S. businesses and individuals in connection with claims involving foreign interests
  • Labor and Employment
  • Representation of both employers and employees on a broad range of labor matters
  • Age, sex and race discrimination matters
  • Wrongful termination, defamation, and "whistle-blower" retaliation claims
  • Workplace harassment claims
  • Lawsuits in connection with employment contracts, including confidentiality, non-compete and non-solicitation agreements
  • Libel and Slander
  • Experienced in representing both plaintiffs and defendants in a diverse array of libel, slander and defamation claims
  • Nuisance Claims
  • Representation of individuals and municipalities in actions against operators of offensive and noxious commercial activities, such as rock-quarrying and surface mining
  • Oil & Gas Matters
  • Representation of producers, royalty owners, surface owners and operators on a wide array of matters relating to the oil and gas industry
  • Personal Injury and Medical Malpractice
  • Defense and prosecution of personal injury and wrongful death lawsuits involving claims of negligence, gross negligence, intentional torts and products liability
  • Medical malpractice claims involving serious injury or death
  • Real Estate
  • Purchase and Sale Agreement breach claims
  • Landlord/tenant disputes
  • Mortgage loan litigation
  • Lawsuits concerning breach of property restrictions and protective covenants
  • Access/easement disputes
  • Actions involving title companies, surveyors, engineers and architects
  • Securities/Investment Fraud
  • Extensive experience in litigating complex securities fraud cases, including class action claims
  • Representation of claimants in actions against third-party "aiders and abettors" of securities law violations, such as accounting firms and law firms
  • Recent high-profile cases include class action suits arising out of the collapse of InverWorld Investments, and investor suits against Dallas-based Sharp Capital
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    Unless otherwise specified, the attorneys listed on this Website are not certified by the Texas Board of Legal Specialization. Copyright © 2008, All Rights Reserved. • Dislcaimer | Site Map | Site By ii