Notable success comes through noteworthy effort.
Solid experience in Civil Litigation.
A Few Representative Cases
The firm’s attorneys have a record of representation marked by success, whether it takes the form of a courtroom or appellate court victory, or a settlement that meets or exceeds our client’s expectations and needs. Here are a few examples:The firm’s attorneys have a record of representation marked by success, whether it takes the form of a courtroom or appellate court victory, or a settlement that meets or exceeds our client’s expectations and needs. Here are just a few examples:
Multi-Million Dollar Suit
The successful defense of a Tyler company in a multi-million dollar trademark infringement suit in the federal Eastern District of Arkansas. The jury returned a unanimous verdict against the plain- tiff on all of its claims and findings in favor of the client on its counterclaims. See B&B Hardware, Inc. v. Hargis Industries, Inc., 736 F.Supp.2d 1212 (E.D. Ark. 2010). The district court subsequently ruled that the case was “exceptional” under the Lanham Act and awarded substantial fees and expenses to the client, described by one veteran observer of trademark litigation as one of the larger awards he has seen in such cases.
High Profile Defamation Suit
The successful defense of an NBC-TV news affiliate in a high profile defamation suit filed against it in the state district court in Tyler, Texas. A summary judgment by the district court dismissing the case against the client was upheld on appeal through the Texas Supreme Court. See Beck v. Lone Star Broadcasting Co., Inc., 970 S.W.2d 610 (Tex. App. – Tyler 1998, pet. den.).
Nursing Home Chain - Wrongful Retaliation
The successful defense of a nursing home chain in a multi-million dollar suit brought by multiple plaintiffs asserting claims of sexual harassment and wrongful retaliation. The trial court dismissed the case against the client prior to its submission to the jury.
Substantial Settlement Secured
The successful prosecution of a wrongful death/dram shop action against a drinking establishment on behalf of the surviving parents whose adult son was killed by a drunk driver. Mr. Yarbrough prevailed upon the jury to return findings which not only overcame significant statutory defenses asserted by the bar, but on the basis of which the court entered judgment piercing the veil of the bar’s corporate structure and holding the owners of the bar individually liable. A substantial settlement was secured for the parents post-judgment.
Recovery of Compensatory Damages
The recovery of compensatory damages and legal fees on behalf of an administrative employee of a school district for race discrimination under Title VII prosecuted to jury verdict in the federal district court in Tyler.
Plaintiff Takes Nothing
The successful defense of an East Texas college in a suit in which the plaintiff asserted multiple claims under Title VII and state law. The case was tried to a jury in the federal district court in Marshall, Texas. While the plaintiff sought substantial damages, the jury returned a verdict in favor of the plaintiff in the amount of approximately two thousand dollars. The district court subsequently entered judgment that the plaintiff take nothing.
Seven Figure Settlement
The negotiation of a substantial seven figure settlement in a product liability/crashworthiness case against the motorcycle manufacturer on behalf of an injured operator of a motorcycle. The manufacturer subsequently re-designed the fueling system of the motorcycle in a manner that eliminated the possibility of a similar occurrence.
Sophisticated Accident Reconstruction
The negotiation of a seven figure settlement on behalf of the surviving adult children of parents killed in a head-on collision. The case involved a strong dispute as to which vehicle first crossed the center stripe in a collision which left no survivors. The use of sophisticated accident reconstruction and a computer simulation of how the collision occurred rebutted the adverse testimony of two eyewitnesses, resulting in a substantial settlement for the clients.
Collision with an Eighteen Wheeler
The negotiation of a seven-figure settlement on behalf of a motorist injured in a collision with an eighteen wheeler which lost control in rainy highway conditions. Accident reconstruction and an extensive expert investigation of the accident facts resulted in a substantial settlement for the client.