Representative Cases

Business Litigation

City of Houston, Texas; Metropolitan Transit Authority of Harris County, Texas; and Harris County, Texas vs. BP, et al, No. 2:13-cv-2968 in the United States District Court for the Eastern District of Louisiana

Loss of tax revenues resulting from DeepWater Horizon explosion and spill. Jan Fox as co-counsel. Case settled.

W. W., Jr., et al vs. Pavillion Saks Fifth Avenue, a development of Kenneth H. Hughes Interests, Inc.; H. Peter Norstrand, Thomas G. Eastman and John L. Patillo, Trustees of AEW #22 Trust Dated February 28, 1985; Hayman Construction, Inc.; Cause No.89-49988 in the District Court of Harris County, Texas, 190th Judicial District

Commercial Loss; Construction Negligence. Jan Fox as lead counsel. Tried to plaintiff’s verdict for recovery of $500,000 plus attorney’s fees. Confidential settlement on appeal.

T. G. C., et al vs. Milliman & Robertson, et al. , Cause Number 99-56719 in the District Court of Harris County, Texas, 333rd Judicial District (Defamation suit.)

Misappropriation and devaluation of identity. Jan Fox as lead counsel. Group of pediatricians sued actuarial company for published representation that they were contributing authors to managed care guidelines for children. Confidential settlement plus letters of apology to each of the physicians and deletions of their names from the publications

Susan Ackerman vs. A. and Associates, L.L.C. and J.A.; Cause No. 2002-50157 in the 11th District Court of Harris County,Texas

Business dissolution and partnership dispute. Jan Fox as lead counsel. Settled at trial.

Criminal Law

Jan Fox has served as lead counsel at trial in defense of individuals accused of capital murder, murder, rape, organized criminal activity, civil rights offenses, perjury, interstate prostitution, manslaughter, theft, abuse of public office, assault and driving while intoxicated.

Employment

L.H. vs. Ernest D. Haynes, Tom Green County Sheriff’s Department, et al, Civil Action 88-0005 in the United States District Court, Western District of Texas, San Angelo Division

Employment discrimination on basis of gender and retaliation case with Jan Fox as lead counsel. Female deputy denied opportunity to serve as patrol officer. Settlement included commitment of Tom Green County to hire females as patrol officers by date certain.

Equal Opportunity Commission v. W-Industries, Limited, L.P. aka W-Industries, L.L.C., Civil Action No. H-04-3808 in the United States District Court for the Southern District of Texas

Intervention as lead counsel for employee in suit alleging workplace gender discrimination because of perceived sexual preference and retaliation against male by oil industry corporate employer. Confidential settlement.

E. M. vs. Conoco Phillips, Civil Action No. H-05-2928 in the United States District Court for the Southern District of Texas, Houston Division

Employment discrimination. Jan Fox as cocounsel. Suit by EAP counselor alleging that her employment was terminated because of her support of an employee who was the subject of race and disability discrimination. Confidential settlement.

Family Law

In the Interest of J.L.H., a Child; Cause No, 2009-47859; In the 311th Judicial District Court of Harris County, Texas

Grandparents intervened in son's divorce suit seeking and obtaining, managing conservatorship of their granddaughter. Jan Fox as lead counsel on behalf of grandparents

In the Matter of the Mariage of P.J.M. and D.J.M., Cause Number 2009-61798 In the District Court, 275th Judicial District, Harris County Texas

Divorce action involving complex issues relating to the validity of prenuptial and partition and exchange agreements. Jan Fox as cocounsel.

Highway Construction/Workplace Safety

J.R.S., et al vs. Texas Turnpike Authority, et al, Cause No. 89-14170-I in the District Court of Dallas County, Texas, 162ndJudicial District

Catestrophic injuries to husband and father of five from placement of stop bar and lighting at intersection under construction. Jan Fox as lead counsel. Confidential settlement post-verdict and judgment.

C.L., Individually and as Next Friend of the Estate of R.L. and as Next Friend of J.L.L. and J.A.L, Cause No. A-140,919 in the District Court of Jefferson County, 58thJudicial District

Wrongful death. Workplace safety. Jan Fox as lead counsel. Suit brought on behalf of children and estate of female surveyor struck while surveying on the highway without adequate warning to motorists. Confidential settlement at trial.

Insurance

P.C.G., et, and Next Friend of A.M.G., A Minor Vs. Life Insurance Company of North America , Cause No. 83-43250 in the District Court of Harris County, Texas, 215th Judicial District

Insurance bad faith. Seminal ERISA case with Jan Fox as lead counsel. Husband and father killed in automobile collision, and company provided life insurance carrier refused to pay benefits, claiming insured not engaged in a work related activity. Jury verdict totalling $1,392,000. NOV granted and judgment entered that Plaintiff take nothing.. On appeal, Court of Appeals reversed and rendered for benefits of $250,000; attorneys’ fees of $135,000; and post-judgment interest of $50,250. Supreme Court reversed and entered take nothing judgment. On rehearing, the Supreme Court remanded to Court of Appeals for application of ERISA law to carrier. Court of Appeals entered judgment as before against the carrier. Judgment release upon payment of $872,529.81.

Invasion of Privacy

In Re. Houston Community College System, et al; In the District Court of Harris County Texas; Cause Number 2009-28318 In the 152nd Judicial District

Open records litigation revealing use of covert cameras in police office of community college campus. Jan Fox as lead counsel. Subsequent civil rights litigation resulted in a confidential settlement with one of the officers.

Medical Malpractice

J. A. C., Individually and as Representative of Estate of C.C., Deceased; G.C., et al. vs. The Methodist Hospital, Alan B. Brinsmade, M.D. and John Eiband, M.D., Cause No. 93-12724 in the District Court of Harris County, Texas, 164thJudicial District

Wrongful death. Psychiatric and hospital malpractice case with Jan Fox as lead counsel. Family of elderly psychiatric patient brought suit alleging malnourishment and lack of medical care of patient. Settled for confidential amount.

J. F. T., Individually and as Representative of the Estate of E. F. T., et al vs. MacGregor Medical Association, P.A.; Rene Darveaux, M.D.; and Faith Sanders, P.A.; Cause No. 96-45570in the District Court of Harris County, Texas, 165th Judicial District

Wrongful Death; Medical Malpractice; Failure to Diagnose/Treat Coronary Condition. Jan Fox as lead counsel. Pre-trial settlement for confidential amount.

Cause No. 95-43597; M.S., et al v. Memorial City General Hospital Corporation, et al; In the 152nd Judicial District Court of Harris County, Texas

Wrongful death. Failure to diagnose and treat malaria. Jan Fox as lead counsel. Confidential settlement reached before trial.

A.L.P., individually and as Representative of G.W.P.Sr., et al vs. The Hermann Hospital Estate d/b/a The Hermann Hospital; The University of Texas Medical School; The University of Texas Health Science Center at Houston; The U.T. Medical Foundation, Inc.; Dennis Overton, M.D.; Michelle Bowman-Howard, M.D.; and Alanna L. Craig, M.D.; Cause No. 97-55961 in the District Court of Harris County, Texas, 127thJudicial District

Wrongful death. Surgical malpractice. Jan Fox as lead counsel. Confidential settlement reached before trial.

L.E.H., et al vs. Singleton Radiology Associates, P.A. d/b/a Singleton Associates, P.A. and Sam H. Baird, M.D., Cause No. 96-45580 in the District Court of Harris County, Texas, 61stJudicial District

Wrongful death. Failure to diagnose and treat malaria. Jan Fox as lead counsel. Confidential settlement post-verdict and judgment.

Premises Liability

T.C.C., et al vs. Houston Lighting and Power Co., et al, Cause No. 92-20098 in the District Court of Harris County, Texas, 152ndJudicial District

Personal injury. Premises liability. Electrocution. Sign painter badly burned when his equipment came in contact with a low-hanging electrical Jan Fox as lead counsel. Confidential settlement.

Letitia R. Whittington, Individually and as Representative of the Estate of Alveada Jean Whittington, Deceased v. Keegan’s Council of Co-owners, Inc, et al, Cause No. 89-49553 in the District Court of Harris County, Texas, 164thJudicial District

Wrongful death. Failure to provide adequate security. Apartment resident shot and killed by former partner who gained entrance to her residence. Jan Fox as lead counsel. Case settled post verdict and judgment.

B.N. v. Delaware North Companies and Delaware North Companies Travel Hospitality Services; Cause Number 2008-64294 in the District Court of Harris County, Texas; 234th Judicial District

Restaurant patron suffered fracture from fall on floor slick with cleaning fluid. Jan Fox as lead counsel. Confidential settlement.

K.J.C. v. Slick Willie's Family Pool Hall, Inc., Slick Willie's of-America, Inc.; 11312, Inc.; Westheimer Retail, LLC: Eshagh Malekan -Individually and Malekan Properties and Malekan Properties; Cause Number 2010-69046 In the District Court of Harris County Texas; 11th Judicial District Court

Patron shot during a robbery at pool hall and restaurant. Jan Fox as lead counsel. Confidential settlement.

Products Liability

M.D.H., et al vs. W. A. Kelso Building Materials, Parker Brothers &Company, Inc. and Ford Motor Co., Inc.; Cause No. 78-29631 in the 295th Judicial District Court of Harris County, Texas

Mother and daughter driving a Ford sedan, which burst into flames upon being struck by a cement truck, badly burning both passengers. Jan Fox as lead counsel. Confidential settlement.

G.C., et al v. DOT Systems, Inc. d/b/a Pappas Seafood Restaurant; Cause No. 89-49763 in the 269th District Court of Harris County, Texas

Wrongful death. Lethal threat of bacteria in raw oysters for deceased with decreased immune system. Jan Fox as lead counsel. Pretrial settlement including warning on menu.

Trucking

M.D.H., et al vs. W. A. Kelso Building Materials, Parker Brothers &Company, Inc. and Ford Motor Co., Inc.; Cause No. 78-29631 in the 295th Judicial District Court of Harris County, Texas*

Mother and daughter driving a Ford sedan, which burst into flames upon being struck by a cement truck, badly burning both passengers. Jan Fox as lead counsel. Confidential settlement.

M.K.O, Individually and on behalf of her minor child T.J.O. and M. K. D. vs. Jose Antonio Arrona, Ace Transportation, Inc., and Crystal Oliver, Cause No. 17441 in the District Court of Chambers County, Texas, 253rd Jusicial District *

Auto-Commercial Truck Collision action brought by mother and grandmother of minor child injured in collision with 18 wheeler. Jan Fox as lead counsel. Confidential settlement at time of trial.

J. S. J. and P. J. vs. Gypsum Transport, INC. Merchants Fast Motor Lines, INC., Conveyors, INC., and Chemical Lime, LTD, Civil Action No. H-95-47 In the United States District Court Southern District of Texas Houston Division

Improper loading and tying down. Crippling leg and hip injuries to driver during unloading. Jan Fox as lead counsel. Confidential settlement.

A.V., Individually and as Next Friend of V.P. v. TransLogic Auto Carriers, L.L.C.; Cause No. 2006-79799 in the 129th Judicial District Court of Harris County, Texas

Serious injuries to mother and daughter when distracted 18 wheeler driver failed to stop at intersection at which plaintiffs were stopped. Confidential settlement

*Initials used for privacy of individual plaintiffs
**Case meeting with law clerk, Jan Fox and assistant.