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Litigation

The ScottHulse Law Firm’s litigation section has enjoyed the envious reputation for aggressive representation on behalf of its local, regional, national and international clientele. Our litigation attorneys in El Paso, Texas, and Las Cruces, New Mexico, have represented clients in a myriad of matters, including antitrust, commercial, labor and employment, workers compensation, insurance defense, healthcare and medical malpractice defense, trademark infringement, property claims, and creditors’ rights.

“An experienced trial attorney has a better handle on what a judge will and will not do, what a jury may or may not accept. We also have an appreciation for the reasons to avoid going to trial, along with experience and ideas on how to do that while still reaching a favorable outcome.”

Robert Feuille
Attorney & Shareholder.

Testimonial Robert Feuille

Our litigation team is made up of experienced trial lawyers. We understand what is required to litigate successfully in the Southwest and have the experience and expertise to achieve successful results.

Our clients entrust our litigation attorneys with both complex cases and simple disputes. This comes with the knowledge that we continually address their needs and concerns and resolve conflicts efficiently with innovative thinking. At ScottHulse, we think not just as lawyers, but as businessmen and women that understand the need to devise the best possible strategies for the most beneficial results.

ScottHulse offers a full range of legal services to fit your individual litigation needs. Our litigation attorneys are great listeners. From initial evaluation to closing the file, we will continually offer our opinions and suggestions for efficiently and expeditiously resolving your dispute. We have evolved with the changing practice and are prepared to handle all facets and levels of litigation, both in court and through the use of numerous non-judicial forums, including alternative dispute resolution, arbitration, administrative proceedings and mediation techniques.

ScottHulse and its litigation attorneys have represented local, national and multi-national clients in an extensive array of disputes in all state and federal courts throughout the El Paso and Las Cruces area of the Borderplex. Our litigation lawyers are well prepared and able to try cases to verdict before judges, juries and arbitrators. We understand our legal community, as well as the mindset of our local jurors, and know how to connect with them to obtain favorable results.

Our strategic location in the U.S./Mexico Borderplex and our extensive work on behalf of clients engaged in cross-border business have enabled us to develop strong institutional knowledge of Mexico laws, courts, and legal processes. This knowledge, combined with our long-standing relationships with respected law firms throughout Mexico, enables us to provide convenient, efficient and effective single-point oversight, coordination and implementation of our clients’ litigation activities in both the U.S. and Mexico.

We pride ourselves on our experience, attention to detail and efficiency. We strive to provide the best and most cost effective services available. We do this by investing in state-of-the-art legal case management technologies and utilizing litigation document support software.

Though we have had the confidence of our business community for 125 years, our focus is on our future commitment to the Borderplex region. We are committed to raising the standard of legal expertise by providing sophisticated and innovative legal advice and services to our clients into the future.

Experience in Litigation, Arbitration, and Administrative and Alternative Dispute Resolution

Our El Paso and Las Cruces litigation attorneys’ broad experience in commercial defense litigation, arbitration, administrative and alternative dispute resolution includes:

  • Contract disputes
  • Employment general liability
  • Labor and employment disputes
    – Unfair labor practices
    – Defending against union campaigns
  • Employment practices liability (EPL) claim defense;
  • Workers compensation
  • Trucking, transportation and logistics
  • Medical malpractice
  • Construction and engineering disputes
  • Deceptive trade practices
  • Unfair business practices and intellectual property disputes, including trademark infringement, copyright infringement, and covenants not to compete
  • Landlord/Tenant
  • Complex tort litigation including multi-district litigation
  • Insurance defense
  • Product liability
  • Dram shop litigation
  • Collections and creditors’ rights
  • Commercial litigation

Representative Matters
  • Successfully prosecuted lawsuit under the Texas Whistleblower Act against Office of the Attorney General of Texas resulting in jury verdict in excess of one million dollars
  • Successfully prosecuted a lawsuit on behalf of homeowners against their interior designer who was found liable for fraud; pursued the claim once the judgment debtor filed bankruptcy, resulting in a seven-figure settlement on behalf of our clients.
  • Successfully defended a yellow pages provider from claims of breach of contract and deceptive trade practices.
  • Defended a national bank from claims of fraud, deceptive trade practices, and usury.
  • Prosecuted to successful conclusion a claim of infringement where the Firm’s radio station client was asserting rights to the on-air name of its former morning anchor on the basis that the name was trademarked and therefore owned by the station.
  • Defended a jewelry retailer from claims that it violated trademarks owned by international watch manufacturers.
  • Successfully pursued a lawsuit on behalf of one partner against her other partner to resolve disputes over control, expenditure, and operation of an apartment complex owned by the partnership; dissolved the partnership.
  • Represented a construction contractor maligned by a subcontractor and its collection agency over a “debt” that it did not owe.
  • Represented a service provider in negotiations with the Federal Directorate of Contracting over a bid to commence laundry operations at Fort Bliss, Texas.
  • Prosecuted a lawsuit on behalf of a national recycler arising from the theft of material; served as an intermediary with the district attorney’s office with respect to its prosecution of the alleged perpetrators. Successfully pursued a claim for fraudulent transfer on behalf of a creditor against the sister of a judgment debtor to whom an interest in a trust was transferred without consideration.
  • Obtained favorable judgment on behalf of a client in a case involving competing claims to construction equipment.
  • Obtained favorable dismissal of a lawsuit pending before the United States District Court for the Western District of Texas in a case involving allegations of breach of contract, breach of warranty, and fraud.
  • Obtained victory for a client in an appeal that was pending before the United States Court of Appeals for the Fifth Circuit in a lawsuit involving claims of fraud and breach of contract.
  • Obtained dismissal of a lawsuit on behalf of a client where an injunction was requested to prevent the construction of the client’s medical office building.
  • Obtained favorable jury verdict for a client involved in a workers’ compensation dispute.
  • In a case of first impression in the Western District of Texas, successfully appealed an adverse decision of the bankruptcy court involving the continuation or termination of the automatic stay in multiple filing cases under the BAPCPA.
  • In a case of first impression in El Paso County, Texas, on behalf of a conservation organization, successfully appealed valuation of commercially-zoned real estate purchased for over $1 million dollars and voluntarily subjected to development restrictions, reducing the valuation from over $1 million dollars to $200.00.
  • Successfully challenged the award of a public contract involving youth counseling services.
  • Successfully defended a public bid award involving a multi-million development project against the contest of a disappointed bidder.
  • Successfully handled multiple-death, house fire case for a utility company.
  • Upheld an arbitration agreement at the appellate level for a grocery store chain.
  • Successfully negotiated claims of unfair labor practices for a small business.
  • Obtained a defense verdict for a local hospital in a negligence case.
  • Upheld an administrative decision with the Texas Supreme Court on behalf of a local school district.
  • Represented both licensed vocational nurses and registered nurses before peer review committees, grievance committees, and licensing boards both locally and at the state level.
  • Represented clients in mass tort litigation workers’ compensation claims in Hidalgo County, Texas.
  • Represented governmental entities in personal injury cases.
  • Successfully defended steel fabricators whose joint venture in a large, unique municipal construction project was attacked as a price fixing scheme.
  • Satisfactory and advantageous settlement of a price fixing and False Claims Act claim against a food supplier.
  • Successfully represented hospitals and other health care providers in various proceedings.
  • Successfully represented a multi-national concrete and cement supplier accused of predatory pricing.
  • Successfully represented a newspaper publisher accused of predatory pricing.
  • Successfully defended hundreds of charges of discrimination filed with the Equal Employment Opportunity Commission and Texas and New Mexico Commissions on Human Rights.
  • Successfully defended thousands of workers’ compensation claims.
  • Successfully tried a variety of cases involving claims of discrimination based on race, age, gender, national origin, disability, retaliation.
Reported Cases

Broadcast Music, Inc., et al. v. Armstrong, No. 13-CV-32-KC, 2014 U.S. Dist. LEXIS 74204 (W.D. Tex. May 30, 2014).

Dominguez v. Receivables Performance Management, No. 13-CV-117-PRM, 2014 U.S. Dist. LEXIS 69194 (W.D. Tex. Apr. 29, 2014).

Al Auto v. American Honda Finance Corp. and Dallas Auto Auction, No. 05-10479, 2007 U.S. App. LEXIS 2567 (5th Cir. Feb. 6, 2007).

Padilla v. NCJ Dev., Inc., 218 S.W. 3d 811 (Tex. App.—El Paso 2007, pet. denied).

Abbas Yazdchi and Habibollah Yazdchi v. American Honda Finance Corp. and Dallas Auto Auction, No. 3:05-CV-0737-L, 2006 U.S. Dist. LEXIS 62412 (N.D. Tex. Aug. 23, 2006).

Abbas Yazdchi and Habibollah Yazdchi v. American Honda Finance Corp. and Dallas Auto Auction, No. 3:05-CV-0737-L, 2006 U.S. Dist. LEXIS 46125 (N.D. Tex. June 27, 2006).

Abbas Yazdchi and Habibollah Yazdchi v. American Honda Finance Corp. and Dallas Auto Auction, No. 3:05-0737-L, 2005 U.S. Dist. LEXIS 16669 (N.D. Tex. Aug. 12, 2005).

Cordova v. Southwestern Bell Yellow Pages, Inc., 148 S.W. 3d 441 (Tex. App.—El Paso 2004, no pet.).

9029 Gateway South Joint Venture v. Eller Media Company, 159 S.W.3d 183 (Tex. App.—El Paso 2004, no pet.).

Cerveceria Cuauhtemoc Moctezuma v. Montana Beverage Co., 330 F.3d 284 (5th Cir. 2003).

Garcia v. Levi Strauss &Co., 85 S.W.3d 362 (Tex. App.—El Paso 2002, no pet.).

Perez v. L-3 Communications, et al., No. EP-06-CA-22-PRM, 2006 U.S.Dist.LEXIS 45526 (W.D. Tex. June 26, 2006).

Morgan v. Verlander, 225 S.W.3d 558 (Tex. App.—El Paso 2000, pet. denied).

Girdley v. Southwestern Bell Yellow Pages, Inc., 869 S.W.2d 409 (Tex. App.—El Paso 1993, writ denied).

 

Recent decisions from appellate courts include:

In re Polymerica, LLC, 296 S.W.3d 74 (Tex. 2009). Obtained a win for a client in a case decided by the Texas Supreme Court.

Vicari v. Ysleta Indep. Sch. Dist., 291 Fed. Appx. 614 (5th Cir. 2008). Prevailed for a school district in an appeal that was decided by the United States Court of Appeals for the Fifth Circuit.

Yazdchi v. American Honda Fin. Corp., 217 Fed. Appx. 299 (5th Cir. 2007). Prevailed in a federal appeal that was decided by the United States Court of Appeals for the Fifth Circuit.

Thomas v. Guffey, 2010 U.S. App. LEXIS 4401 (10th Cir. 2010). Appellate victory for a client in a civil rights appeal that was decided by the United States Court of Appeals for the Tenth Circuit.

Bergholtz v. Southwestern Yellow Pages, Inc., 324 S.W.3d 195 (Tex. App.–El Paso 2010). Favorable appellate decision in an appeal in commercial litigation case in favor of ScottHulse client.

City of El Paso v. High Ridge Constr., 442 S.W.3d 660 (Tex. App.–El Paso 2015). Favorable appellate decision in a case involving issues of governmental immunity.

In re Estate of Hemsley, 460 S.W.3d 629 (Tex. App.–El Paso 2015). Obtained a win for a client in a probate court appeal involving issues of testamentary capacity involving a celebrity.

Target Logistics, Inc. v. Office of the Attorney General of Tex., 2015 Tex. App. LEXIS 5612 (Tex. App.–El Paso 2015). Obtained an appellate victory in a constitutional appeal involving due process issues relating to a default judgment.

“Commercial litigation is always, at its core, about people. We have a personal connection with our clients to the point that we live and breathe their businesses alongside them. We maintain those relationships even when a business has no need for an attorney so that when a need arises we can be a knowledgeable and trustworthy ally.”

Francisco Ortega
Attorney & Shareholder

Testimonial Francisco Ortega
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