B&L was retained by the manufacturer of oil and gas pipeline equipment that was involved in a serious accident where a worker suffered injuries which required him to be life-flight evacuated to a nearby hospital. Prior to any testing of the equipment, retention of expert witnesses or deposition of our client, B&L was able to promptly resolve the dispute to the satisfaction of our client.
See Cause No. 2022-48108, 125th Judicial District Court of Harris County, Texas.
March 29, 2024
Nabors Drilling Technologies USA, Inc. v. C&M Oilfield Rentals, LLC d/b/a C-MOR Energy Services
On March 29, 2024, B&L defeated the global law firm of Morgan Lewis when B&L secured a victory for client Nabors in a patent infringement and breach of contract lawsuit. U.S. District Judge Alfred H. Bennet granted B&L’s Fed. R. Civ. P. 12(c) Motion for Judgment on the Pleadings and held C&M’s asserted patent-in-suit, U.S. Patent No. 11,300,260, was invalid as anticipated (post-AIA 35 U.S.C. § 102(a)(1)) by C&M’s own parent patents. Judge Bennet also dismissed C&M’s asserted breach of contract claims that had been asserted against B&L’s client Nabors. This case further shows how B&L’s boutique efficiency can will the day with the firm’s two lawyers besting the oppositions large team of litigators.
See Civil Action No. 4:22-cv-02140 (ECF No. 107), United States District Court for the Southern District of Texas, Houston Division.
January 08, 2024
Auto-Dril, Inc. v. National Oilwell Varco, L.P.
On January 8, 2024, B&L prevailed against the combined firms of Gray Reed and Nix Patterson, LLP in a fraud and fraudulent inducement lawsuit where Auto-Dril was seeking over $12 million in damages from B&L’s client NOV. B&L obtained a FINAL JUDGMENT against all of Auto-Dril’s claims and a dismissal of the case with prejudice following extensive briefing and a hearing on Auto-Dril’s motions for reconsideration of Court’s summary judgment ruling in NOV’s favor.
See Cause No. 2023-40833, 61st Judicial District Court of Harris County, Texas.
December 27, 2023
Kevin Johnson v. Recoil Energy Sys., LLC & National Oilwell Varco, L.P.
B&L successfully defended NOV against plaintiff Johnson’s product liability claims relating to NOV’s top drive system where plaintiff sought damages of over $1,000,000.00.
B&L quickly filed and prevailed on their Tex R Civ Pro 91a.1 Motion to Dismiss Johnson’s asserted products and personal injury claims against NOV.
See Cause No. 2022-16309, 127th Judicial District Court of Harris County, Texas.
October 31, 2023
Kerry Brown & Krushial K. Productions v. Roc Nation, Sony Music Entertainment Digital LLC et al.
B&L aggressively pressed plaintiffs’ counsel to dismiss their music copyright infringement lawsuit against B&L’s client Sony Music. Plaintiffs asserted that Sony Music distributed rapper A$AP Ferg’s song “Plain Jane,” which allegedly included plaintiffs’ copyrighted work. Shortly after B&L’s designated sound recording expert analyzed plaintiffs’ copyrighted work and compared it to the song “Plain Jane,” plaintiffs promptly dismissed their lawsuit following a hearing on B&L’s Fed. R. Civ. P. 12(b)(6) motion to dismiss.
See Civil Action No. 4:23-cv-01508, In the United States District Court for the Southern District of Texas, Houston Division (ECF Nos. 29-32).
October 20, 2023
Auto-Dril, Inc. v. National Oilwell Varco, L.P.
B&L developed the winning argument that knocked this $12 million fraud case out of court before B&L’s client NOV was even required to participate in discovery.
Plaintiff Auto-Dril filed suit against B&L client NOV on July 3, 2023, for fraud and fraudulent inducement, and sought more than $12 million in damages from NOV. Within a few weeks of being served with this lawsuit and before any discovery had been taken, B&L promptly prepared and filed a Tex. R. Civ. P. 166(a) motion for summary judgment (September 5, 2023) arguing that Auto-Dril’s claims of fraud were fundamentally flawed and set its motion for submission at the Court’s earliest available setting. District Judge Fredericka Phillips agreed, unconditionally dismissing Auto-Dril’s lawsuit with prejudice and entering a Final Judgment within 90 days of NOV being served with this lawsuit.
See Cause No. 2023-40833, 61st Judicial District Court of Harris County, Texas.
September 18, 2023
Dynamic Real Estate Analytics, LLC v. David Vicent Odine
B&L successfully defended Odine in more than $1,000,000.00 lawsuit alleging breach of fiduciary duty, breach of contract, Texas Theft Liability Act (Tex. Civ. Prac. & Rem. Code § 134), conversion, and Texas Uniform Trade Secrets Act (Tex. Civ. Prac. & Rem. Code § 134A).
B&L’s brilliant and aggressive Tex. R. Civ. P. 12 motion to show authority resulted in all of plaintiff’s claims being dismissed with prejudice.
See Cause No. 366-05476-2022, 366th Judicial District Court of Collin County, Texas (Order (9-18-2023)).
May 12, 2023
National Oilwell Varco, L.P. v. Auto-Dril, Inc.
B&L prevailed at the United States Court of Appeals for the Fifth Circuit on behalf of client NOV, following a successful 2021 jury trial. This victory paved the way for NOV to proceed back in district court to collect from Auto-Dril the unpaid balance due under the 2011 Settlement Agreement.
The Fifth Circuit held that the District Court lacked jurisdiction over defendant Auto-Dril’s fraud and fraudulent inducement counterclaims. The Fifth Circuit further held that the District Court had twice abused his discretion, and reinstated NOV’s breach of contract claims against Auto-Dril for failure to pay the full settlement amount.
See National Oilwell Varco, L.P. vs. Auto-Dril, Inc., 68 F.4th 206 (5th Cir. 2023).
August 24, 2021
National Oilwell Varco, L.P. v. Auto-Dril, Inc.
On August 24, 2021, following the jury’s verdict in B&L’s client NOV’s favor, the District Court granted B&L’s Fed. R. Civ. P. 50(a) Motion for Judgment as a Matter of Law (JMOL) dismissing Auto-Dril’s fraud and fraudulent inducement counterclaims as waived, released and also untimely.
United States District Court for the Eastern District of Texas, Texarkana Division.
April 20, 2021
National Oilwell Varco, L.P. v. Auto-Dril, Inc.
On April 20, 2021, a unanimous jury returned a verdict in B&L’s client NOV’s favor dismissing Auto-Dril’s fraud and fraudulent inducement counterclaims as untimely following a two-week jury trail.
See Civil Action No. 5:15-cv-00027 (ECF No. 289 – VERDICT)
United States District Court for the Eastern District of Texas, Texarkana Division.
April 20, 2018
Auto-Dril, Inc. v. National Oilwell Varco, L.P. & Canrig Drilling Technology, Ltd.
On April 20, 2018, U.S. District Judge Lee H. Rosenthal entered a Final Judgement in B&L’s clients favor invalidating Auto-Dril’s asserted patent-in-suit (U.S. Patent No. 6,994,172) following a claim construction hearing. Judge Rosenthal found that Auto-Dril’s patent was indefinite (35 U.S.C. § 112, ¶2) for failing to disclose the necessary algorithm to perform the claimed patented steps.
See Civil Action Nos. H-16-cv-00280, -00293 (ECF No. 202)
United States District Court for the Southern District of Texas, Houston Division