Baylor College of Medicine, Gaylord Entertainment Company, Oklahoma Publishing Company, Curtin Matheson Scientific, Inc., Tuboscope Vetco International, Inc., Clubcorp. International, Inc., ICL Inc., And Related Trustees - Representation of named companies, their retirement plans and fiduciaries in federal (Southern District of Texas) and state (Austin, Texas) courts in class actions by the Texas Guaranty Association against 104 defendants (and proposed class of hundreds) alleging breach of fiduciary duties in connection with investments in guaranteed investment contracts issued by Executive Life Insurance Company of California. Obtained dismissal of all claims in state proceedings. Acted as lead counsel for majority of defendants in federal action, received summary judgment on all claims in District Court and affirmance by the Fifth Circuit, and Petition for Writ of Certiorari to the U.S. Supreme Court was dismissed.

Norrell Services Inc, et al - Handled defense of class action suit against national personnel services provider for alleged breaches of fiduciary duties and §510 discrimination in connection with outsourcing transaction involving all clerical and secretarial staff of a major engineering company. Defendant's Motion for Summary Judgment was granted and all claims were dismissed.     

Unaka Company and Rolich, Inc. - Representation of companies, their directors (residents of Texas, Tennessee and England), and trustees of their retirement plan, in ERISA action in federal district court for the Eastern District of Tennessee for breach of fiduciary duties, removal of plan fiduciaries, audit and appraisal of plan assets. Obtained dismissal of all claims and judgment in favor of Defendants for attorneys fees, costs and sanctions. Also, after obtaining a prohibited transaction exemption from the DOL, represented pension plan asserting breach of fiduciary duty and fraud claims against former administrators of plan.

T.G.I. Fridays Worldwide, Inc. - Represented T.G.I. Fridays, its plan administrator and parent companies against claims of breach of fiduciary duties, misrepresentation and other claims in connection with medical plan denial of coverage and benefits for congenital birth defects of premature child of plan participant. Obtained favorable settlement and release of all claims through pre-litigation mediation.

Southwest Airlines Co. - Consulted and handled claims concerning various pension and retirement plans of Southwest Airlines, including obtaining dismissal of injunctive relief in state courts.

International Manufacturer of Celluar Equipment - handled and resolved claims of improper payment of benefit to wrong beneficiary, negotiated assignment and releases between Plan, employer, third party administrator and insurers, obtained releases from named beneficiaries and pursued claims for recovery of funds from parties improperly receiving benefits.

Kelsey-Seybold Medical Group - Federal suit in Southern District of Texas against physician practice client, international physician management group and related entities concerning breach of fiduciary duty, benefit and indemnity claims flowing from acquisition/sale of physician and medical management practices. Obtained dismissal of all claims against client, and payment of expenses and fees by prior medical management group.

Snap-Drape, Inc. - Representation of company and its ESOP plan trustees in suit by 36 participants for breach of fiduciary duties, wrongful allocation and forfeiture of benefits, and declaratory judgment on right to benefits. Obtained dismissal of all claims, sanctions and judgment in favor of all defendants.

Southwestern Financial Services Corporation - Representation of company and officer trustees concerning audit of national banking association trustee and record keeper for retirement plans, instituted Department of Labor review, and handled investigation of possible claim and class action against national bank trustee resulting therefrom.

Manufacturing Holding Company - Representation of Company, its Plan and member of administrative committee in connection with DOL investigation of Plan and its fiduciaries, resulting in no action being taken or assessment of fines by DOL. Also obtained for Company approval of prohibited transaction applications permitting assignment of fiduciary claims from Plan to Company and unsecured, non-recourse, interest-free loan from Company to Plan to be paid out of proceeds of litigation from assigned claims.

National Gypsum Settlement Trust - Representation of and monitoring counsel for individual Trustees of the $150,000,000 asbestos settlement trust established in National Gypsum bankruptcy with respect to claims against officers, directors and financial advisors of bankrupt entity in connection with bankruptcy plan confirmation and contempt proceedings.

Dol Suit And Consent Decree - Represented Texas based real estate corporation and its fiduciaries in U.S. Department of Labor action for ERISA violations, including breach of fiduciary duties, prohibited transactions, self-dealing, and lack of asset diversification, seeking damages, injunctive relief, and civil penalties. Resolved claims through consent decree with DOL and obtained payments for clients from third party national banking association trustee not a party to action.

Texas Hospital Association - Represented trustee and named fiduciary of retirement plan for association of hospitals in the State of Texas. Obtained dismissal of all claims against client in multiple defendant class action for breach of fiduciary duties, improper termination of plan, and for removal of plan administrator. Also obtained dismissal of more recent claims against THA as plan trustee and hospital district sponsor in suit for benefits under a defined benefit plan and pursuant to the Texas Trust Code.

Specialty Retailers, Inc. and Beall Brothers - Representation of retirement plan of department store chain and its parent in Texas state court for a variety of claims from alleged wrongful discharge and denial of ERISA plan benefits under §510 of ERISA. After two week trial, obtained full defense verdict for plans and award of costs against Plaintiff.

Olsten Corporation - Representation of contract employee provider in U.S. District Court for the Western District of Texas - San Antonio Division, against claims for benefits under welfare plan and third party claims by insurance company and other parties for contribution and indemnity under plan. Obtained dismissal of plaintiffs' claims and summary judgment on third party action.

Flint Industries - Representation of company, its parent, and their multi-employer retirement and benefit plans for breach of fiduciary duties, welfare and retirement benefits in the federal district court in the Northern District of Oklahoma. Obtained summary judgment for clients on all claims.

The Annuity Board of the Southern Baptist Convention, Inc. - Representation of plan in multi-party litigation in federal court in Oklahoma for wrongful denial of benefits, breach of fiduciary duties, and declaratory judgment regarding coverage for experimental medical treatments. Obtained settlement and dismissal of client. Have also provided consulting counsel on other experimental treatment issues.

Ensco Offshore Company (F/K/A Penrod Drilling Corporation) - Representation of company in Louisiana actions for retirement benefits and breach of fiduciary duties. After state court trials, obtained judgment in favor of clients on all claims.

Andrew Corporation - Obtained pre-discovery dismissal of claims by participant for breach of fiduciary duty and violation of terms of QDRO in state court. In separate matter, defeated motion to reopen bankruptcy reorganization proceeding to assert claims of improper denial of breach of fiduciary duties and improper denial of benefits.

IBT, Inc. - Removed and defended claims by hospital against Company and its plan, as well as third party administrator and insurers, for misrepresentation and negligent misrepresentation of benefits/coverage, and DPTA violations. Obtained dismissal of all claims against clients.

Nationwide Security, Inc. - Representation of Company and its plan, and third party administrator against hospital claims for misrepresentation and negligent misrepresentation of benefits/coverage, and DPTA violations, together with third party action by acquirer of Company assets. Obtained summary judgment on majority of claims, then effected removal to federal court and obtained complete dismissal.

Rubatex Corporation, Rbx Holdings - Handled defense of claims against Company, its parent and officers for breach of fiduciary duties, improper denial of long term disability benefits, discrimination, and failure to provide plan information, and pursued counterclaims for attorneys fees and costs. Obtained dismissal of all claims of plaintiff.