Litigation Background
James Montgomery is an AV-rated (Martindale Hubbell’s highest rating) lawyer who has tried cases for plaintiffs and defendants in State and Federal courts from California to Texas to Delaware. He has also been selected a Superlawyer in Texas. He has been the advocate for individuals and small companies as well as companies in the Fortune 100. He has presented papers and spoken to audiences that range from service clubs to the State Bar of Texas continuing legal education seminars.
Mr. Montgomery’s philosophy in trying cases was to keep it simple and to look for innovative solutions that evade other attorneys. His talent was to find the essence of the issues for a jury or judge and creatively portray the facts for a decision. He believed that preparation is the key to victory and as a result has been able to resolve complicated litigation without having to resort to the courthouse. He has also demonstrated a winning edge at the courthouse in front of judges and juries.
Business Owner Mentality
As a business owner himself, Mr. Montgomery understands that “bet the ranch” cases require creativity and diligence to uncover the few really important facts or documents that make the difference between winning and losing. Going “the extra mile” is the only way those cases are won. No matter what it takes, that effort must be made. His results demonstrate that the effort pays off:
The Pipe that Cracked from the Inside Out
Representing literally thousands of homeowners from Texas to the Washington, D. C. area, Mr. Montgomery’s litigation team reviewed tens of thousands of pages of documents to find the few documents that showed that a major chemical company knew that its plastic resin formed into water pipe would crack in the presence of oxygen and chlorine found in normal drinking water. Their efforts resulted in complete re-piping of the homes as well as the payment of the homeowner’s attorneys fees and damages in Texas and the Washington, D.C. area. This same product was used in thousands of installations of cold water service pipe by municipalities around Austin, Texas. Mr. Montgomery recovered for the cities of Round Rock and Burnet in Texas and several cities in Alabama, along with municipal water districts, including Lakeway Municipal Utility District near Austin, Texas.
Watch that Refinance
Mr. Montgomery represented a small long haul trucker against a major truck manufacturer. After buying a number of new trucks and establishing a successful trucking business, the manufacturer talked the trucker into buying used trucks from the manufacturer’s leasing fleet. One of the trucks did not even make it out of the city limits on its first run. Within ninety days, the trucker lost his lucrative contracts due to no-shows. The manufacturer induced the trucker to refinance the trucks and then sued him when he could not pay for the trucks. Mr. Montgomery analyzed the refinancing and counter-sued the manufacturer for usury. After a jury verdict, judgment was entered for the Plaintiff for usury. After appealing the decision, the manufacturer settled the case before a ruling was made by the Texas Supreme Court. Sumrall v. Navistar Fin. Corp., 818 S.W.2d 548 (Tex.App.-Beaumont 1991, writ denied)
Take or Pay Royalties
With an imaginative suit alleging violation of the Texas Consumer Protection Act, Mr. Montgomery represented a large group of landowners in Federal Court in Corpus Christi, Texas against an oil and gas producer. The producer negotiated a settlement with a major gas pipeline company for the breach of a gas purchase contract. After soliciting the landowners’ assistance to obtain the settlement, the producer attempted to keep the settlement and only pay royalties on the much lower market gas price. After a lengthy mediation settlement on the eve of trial, Mr. Montgomery negotiated a favorable settlement for his clients in the face of a recent court of appeals decision that the landowners had no cause of action for such claims.
Theft of Trade Secrets
When a major retail company decided to use a formulation of a product without involving the inventing company, Mr. Montgomery developed economic data on the profits made by the retailer. With detailed data obtained in discovery, the economic experts were able to project that the potential profits ran to the billions of dollars. The legal theory advanced included the award of damages for the disgorgement of profits from the use of the formulation by the retailer. Faced with that testimony, the trial team was able to obtain a very favorable settlement of the case short of trial.
Even Bankrupt Paid
Representing a landlord, Mr. Montgomery obtained a judgment after trial in Federal Court in California a judgment against a bankrupt company. He was able to obtain payment of the judgment in a Chapter 11 case and regain possession of the real estate properties for his client with approval in the US Bankruptcy Court for Delaware.
SIGNIFICANT LITIGATION
COMMERCIAL LITIGATION
Scout Royalty, et al v. John Clanton, et al, Southern District of Texas. Represented lessors in an oil royalty dispute with the producer involving settlement of a take or pay contract. Case settled at mediation on eve of trial with significant recovery for the lessors in the face of published decisions holding no right of recovery.
Sumrall v. Navistar, Jefferson County District Court. Represented plaintiff in usury suit following refinance of time/price differential contract involving long haul trucks. Verdict for Plaintiff upheld on appeal.
Represented numerous parties in business breakups (divorces) involving alleged breaches of buy/sell agreements, partnership agreements, and other contractual relationships.
Represented numerous parties in real estate matters involving liens, title questions, restrictive covenants and lender liability matters. Former outside counsel to FDIC and obtained numerous judgments on defaulted loan arrangements.
PRODUCTS LIABILITY
City of Round Rock, Texas v. Shell Oil Company, et al, Williamson County District Court. Represented the city in suit to recover damages due to use of defective polybutylene water service pipe. Settled in mediation before trial. This matter is one of many polybutylene cases handled for cities, municipal water districts and thousands of homeowners involving plastic pipe. Recoveries for clients were made in these cases in courts in Texas, Alabama, and Maryland.
PATENT/TRADE SECRET
DPT Laboratories v. Bath & Body Works, Inc., Western District of Texas. Represented the Plaintiff in trade secret dispute over wrongful misappropriation of formula. Case was settled favorably for client.
Represented numerous companies in matters involving non-competition and non-disclosure agreements ranging from employee theft to buy/sell agreements.
PROBATE LITIGATION
Represented guardians in a number of suits involving alleged breaches of trust with satisfactory resolutions.
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