On January 18, 2024, the First District Court of Appeals of Texas ruled against Houston PT BAC Office Limited Partnership, a client of Jackson Walker, owner of the Bank of America Tower in downtown Houston. obtained a unanimous favorable judgment in an appeal of a commercial lease dispute arising from the dispute. Contractual real estate valuation and arbitration process.
This appeal involved two issues. First, BAC's landlord, Burke, sought to overturn the valuation decision reached in a tripartite valuation process. Mr. Burke argues that a neutral arbitrator expert would be clearly unfair and that (1) he would not submit certain non-substantive arguments confirming BAC's availability and willingness to serve as an appointed expert before ultimately not being selected; (2) a dilution of certain business relationships; Namely, that his firm – Cushman & Wakefield, one of the world's largest real estate firms – has spent the past several years working for Jackson Walker and one of BAC's owners (GE Pension Trust). That means he was doing an unrelated job. The trial court applied arbitration principles and rejected the challenge. The court agreed with Jackson Walker's client that the facts complained of did not demonstrate fairness and did not need to be disclosed.
Second, the First Circuit rejected Burke's effort to overturn a related summary judgment finding that there was no fraud by nondisclosure. As the court explained, BAC did not create a materially false impression and the positive communications were not misleading. The court agreed with BAC that Mr. Burke had failed to establish that BAC had a duty to disclose the information in question. We also agreed with reliability and intent and held that the trial court properly granted BAC's motion for summary judgment without evidence for fraud by nondisclosure.
The appellate victory confirms previous victories by Jackson Walker's trial team.
Jennifer Coffee, a partner at Jackson Walker who led the appellate effort, said: The First Appellate Court faithfully applied the law to this appraisal process and record, and we are pleased that our client was vindicated on all counts. ”
“This is a significant victory for BAC and demonstrates BAC’s integrity throughout the evaluation process. We also believe that our joint trial and appellate teams effectively and efficiently worked one-on-one to resolve complex matters. I'm proud to have delivered that punch,” said Jackson Walker Houston Litigation Chair Joseph “Tre” Fisher, who led the team at trial.
The Jackson-Walker team also included Joel Glover, Javier Gonzalez and Harris Huguenard.
The case is Burke et al. v. Houston PT BAC Office Limited Partnership, No. 01-21-00288-CV, filed in the Texas First District Court of Appeals. For more information on this incident, please see the opinion.
Introducing our team
Tre Fisher leads Jackson Walker's Houston trial and appellate litigation team. Focusing primarily on complex energy, real estate, and business litigation matters, Mr. Tore's 30 years of litigation experience includes both commercial disputes and significant personal injury matters. In recognition of his practice, Mr. Torre is ranked among Houston's top attorneys in Chambers USA's Litigation and General Commercial practice. best lawyer He has been named a “Texas Super Lawyer” in commercial litigation and one of Lawdragon's 500 leading litigators in the United States.
Jennifer Coffee is a former judge on the First Court of Appeals of Texas and director of Jackson Walker's appellate practice. Judge Coffee takes on complex litigation at the appellate and trial levels, drawing on his diverse experience on both sides of the court.she is recognized by Chambers USA Case Area: Appellate – Texas Thomson Reuters Litigation super lawyer In the field of appellate law, low dragon 500 Leading U.S. Litigators in 2022.
Joel Glover represents clients nationwide in the areas of financial services, energy and natural resources, media, intellectual property, and entertainment. In addition to his practice, Joel volunteers with the American Bar Association Communications Law Forum, the Media, Privacy, and Advertising Law Committee of the ABA Tort Trial and Insurance Practice Section, Alley He Theater, and the West He Point Association of Greater Houston. I am working as a. He has been recognized as a Best Lawyer in Commercial Litigation in 2024, as a “Rising Star in Texas” by Thomson Reuters Super Lawyers since 2018, and as a “Rising 100: Texas Rising Star” from 2021 to 2023. It is recognized as. He will be named to Lawdragon's 500 Leading Litigators in America in 2023 and 2024.
Javier Gonzalez practices general litigation and appellate cases, including breach of warranty, commercial brokerage agreements, landlord-tenant disputes, commercial and personal real estate leases, personal injury defense, First Amendment claims, and manufacturing and co-packing agreements. Appeared in court as defendant and plaintiff. . he, Best Lawyers: Lawyers to Watch 2024 is Litigation – in the area of Bankruptcy.
Harris Huguenard handles a wide range of civil litigation matters for clients in the oil and gas industry, including complex business disputes, patent litigation, real estate and construction disputes, and commercial and personal injury litigation. Mr. Harris has experience as the first presiding judge and has argued and explained numerous dispositional motions. Harris served as a law clerk to Chief Judge Rodney Gilstrap of the United States District Court for the Eastern District of Texas.
Trial and appellate experience
Jackson Walker's trial group is one of the largest in the Southwest, comprising approximately 30% of the firm's more than 500 attorneys. A formidable opponent in the courtroom, our diverse experience covers a wide range of industry sectors and specialties, taking us to courthouses across the state and in nearly every county in Texas. Our trial practice spans the entire United States and we have litigated cases in all 50 states.
Our appellate team brings decades of appellate practice experience gained in state and federal courts across the country to every client matter we work on. Our appellate team works closely with trial attorneys to provide strategic legal analysis and issue identification to create and preserve the most persuasive legal arguments at every stage of litigation. Masu. Our appellate team currently handles complex, high-stakes cases pending before the Texas Supreme Court, various appellate courts in Texas, and the U.S. Courts of Appeals for the Fifth, Seventh, Eighth, Ninth, and Tenth Circuits. We have handled, or have recently successfully handled, a variety of appeals. In the United States Supreme Court.
To explore our firm's experience representing clients in contract disputes, please visit our trial and appellate litigation practice page.
