Berg & Androphy

Houston, Denver and New York City

Results

Geoffrey Berg

  • Geoffrey Berg represented approximately 100 residents who sued over the condition of their apartments and common areas. Settled during trial for a confidential sum. No. 2003-33350; Michelle Perez, et al. v. Pinnacle Realty Management, Inc. d/b/a Pinnacle Realty Management Company and Wentwood Lakeside I, L.P.; In the District Court of Harris County, Texas, 190th Judicial District.
  • Geoffrey Berg, with David Berg, represented Samsung Electronics in a suit against Texas Instruments regarding a royalty-related contract dispute. Settled after three weeks of trial. Samsung v. Texas Instruments; In the District Court of Fort Bend County, Texas; 268th Judicial District.
  • Geoffrey Berg, with Andrew Golub, represented an individual against his former employer for age discrimination. Settled during trial for a confidential amount. C.A. No. H-02-0108; Walter French v. Navasota Industrial Supply, Ltd., In the United States District Court for the Southern District of Texas.
  • Geoffrey Berg, with Sanford Dow, represented a homeowner whose property had been damaged by a neighboring developer. Settled during trial for a confidential sum. Cause No. 762, 351; Iris Silvers vs. Abercrombie Builders, Inc.; In the County Civil Court at Law Number Two (2) of Harris County, Texas.
  • Geoffrey Berg, with Sanford Dow, represented a small software development firm against a giant oil services corporation for breach of partnership by implication. Defense verdict. Cause No. 2003-00451; Offsite Management Systems, LLC vs. FMC Technologies, Inc.; In the 55th Judicial District Court of Harris County, Texas.
  • Geoffrey Berg, with Sanford Dow, represented a restaurant in a lease dispute with its landlord. Plaintiff’s verdict. Cause No. 2003-50812; Taqueria El Rincon De Mexico, Inc. vs. Milagro Garcia De Lapaz; In the 55th Judicial District Court of Harris County, Texas.
  • Geoffrey Berg represented a debtor in a commercial loan. The Defendant, a citizen of Pakistan, did not appear at trial. Cause No. 2004-10537; Chinkara Capital Limited vs. Proma (USA), Inc. and Tariq Mumtaz; In the 80th Judicial District Court of Harris County Texas.
  • Geoffrey Berg, with David Berg, represented the Chairman of the Board of Regents of Texas A&M University who was accused of misappropriation of state funds. Cause No. 24,423085; The State of Texas v. Ross Margraves; In the 85th Judicial District Court of Brazos County, Texas.
  • Numerous misdemeanor criminal trials in Harris County, Texas.
  • Geoffrey Berg served as lead counsel for plaintiffs in a five state class action against SBC Communications, Inc. and related entities for misrepresentations in the provision of DSL Internet service. Settled in 2004 for more than $5,600,000 with $1,200,000 in fees and expenses. Cause No. 00-4540-E; McLaughlin, et al. v. SBC Communications, Inc., et al.; In the 347th Judicial District Court, Nueces County, Texas.
  • Geoffrey Berg represented an individual and a corporation which first filed suit in Wisconsin and were later sued in state district court in Orange County, Texas. Following removal, the case was transferred on defense motions to the Western District of Wisconsin. Cause No. 08-311; Cloeren Incorporated v. Gary Oliver and Extrusion Dies Industries, LLC; in the United States District Court for the Eastern District of Texas, Beaumont Division.
  • Geoffrey Berg represented a company which had been sued along with its sister company in arbitration. Successfully briefed and argued a motion to dismiss. HPI, Inc. v. GMA USA; In Arbitration in Houston, Texas.
  • Geoffrey Berg represented partners and firm in suit by a defendant in an unrelated matter. Sought and, following an evidentiary hearing, obtained as sanctions against plaintiff and his attorney: dismissal with prejudice and $5,000. No. 2006-55425; Steinocher v. Dow Golub Berg & Beverly, LLP, et al.; In the 164th Judicial District Court of Harris County, Texas.
  • Geoffrey Berg represented a Houston-area commercial transport company. The plaintiff, seeking around one million dollars in damages, claimed the transport company lost a shipment of denim en route to a factory in Mexico. On defense motion, the suit was dismissed with prejudice prior to trial. CA No. H-04-1448; Meri-Tex International, Ltd. vs. Benchmark Worldwide Transport, Inc.; In the United States District Court for the Southern District of Texas, Houston Division.
  • Geoffrey Berg represented two Israelis who had been sued in a multi-million dollar breach of contract case in Federal District Court in the Northern District of Texas. The case was dismissed based on defense motions. TPG Partners III, LP v. Kronfeld, et al; Civil No. 401-CV-0895-A; In the United States District Court for the Northern District of Texas, Fort Worth Division.
  • Geoffrey Berg represented a Lutheran Minister in a criminal matter. Obtained an order suppressing evidence which lead to the dismissal of all charges. Cause No. 4:99-cr-00178; United States v. Carlson; In the United States District Court for the Southern District of Texas.
  • Geoffrey Berg represented a group of creditors against a debtor and his publicly traded company. Obtained judgment against the debtors for the full amount of the note, plus pre and post judgment interest and attorneys’ fees. Sachnowitz, et al. v. George T. Sharp, et al.; No. 2002-06647; In the District Court of Harris County, Texas; 334th Judicial District. When the debtors failed to comply with a post-judgment collection agreement, a second suit was filed and judgment obtained awarding the full amount of relief sought. No. 2003-59016; Sachnowitz, et al. v. Sharp Holding Company, et al.; In the District Court of Harris County, Texas; 334th Judicial District.
  • Geoffrey Berg defended a Houston radio station in a suit for slander and libel. The suit was dismissed on the defendant’s motion. Civil Action No. 99-4030; Melendres v. Infinity Broadcasting Corporation; In the United States District Court for the Southern District of Texas, Houston Division.
  • Geoffrey Berg achieved a successful mandamus in the Supreme Court of Texas compelling the inclusion of a Democratic judicial candidate on the ballot against an otherwise unopposed Republican incumbent. The Republican incumbent was represented by former Supreme Court Chief Justice Tom Phillips. In Re Jim Sharp, 186 S.W.3d 556 (Tex. 2006).
  • Geoffrey Berg successfully defended an order denying a defendant’s motion to disqualify trial counsel. In Re Melawer, 2003 WL 359070 (Tex. App. -- [14th Dist.], 2003).
  • Geoffrey Berg achieved a successful reversal of a conviction for misappropriation of state funds for personal use. Margraves v. State, 34 S.W.3d 912, (Tex. Crim. App. 2000) (later reversed by Margraves v. State, 34 S.W.3d 912 (Tex. Crim. App. 2000).
  • Geoffrey Berg successfully defended an anti-suit injunction entered in the client’s favor at the trial court. AutoNation, Inc. v. Hatfield, 186 S.W.3d 576 (Tex. App.-- Houston [14th Dist.], 2005), reh'g overruled, (Feb. 2, 2006) (later reversed by In re AutoNation, 228 S.W. 3d 663, 670 (Tex. 2007).
  • Geoffrey Berg obtained a favorable settlement for an online aeronautical educational company in a suit to dissolve a joint venture. The client had been sued for dissolution and responded by filing a counterclaim. Less than two months after the counterclaim had been filed, the plaintiff agreed to settle by paying the company a confidential sum. Cause No.2002-54110; Northrop Rice USA, Inc. vs. Aeronautics Innovation, Inc.; In the 127th Judicial District Court of Harris County, Texas.
  • While a motion for summary judgment was pending, Geoffrey Berg obtained a favorable settlement for a film production company in a suit by a woman who claimed that an actress employed by the client had used her name without authorization in an adult film produced by the client. Cause No. 2007-38998; Syvette Wimberly v. Vivid Entertainment Group and Lara Madden; In the 234th Judicial District Court of Harris County, Texas.
  • Geoffrey Berg obtained a favorable settlement on the eve of trial for a family which had been negligently poisoned at a Taco Bell restaurant in Harris County, Texas. Cause No. 2006-47670; McDuffie, et al. v. YUM! Brands, Inc., et al.; In the 129th Judicial District Court of Harris County, Texas.
  • Geoffrey Berg, with David Berg, represented an online business which had entered into a joint venture with Latin America’s largest telecommunications company. The plaintiff sought $120 million. Following extensive discovery and dispositive motions, the parties reached a favorable confidential settlement. Cause No. CV 00157 JM; Bidland Systems, Inc. v. Telefonica, S.A., et al.; In the United States District Court for the Southern District of California, San Diego Division.
  • Geoffrey Berg, with David Berg, represented the plaintiffs in a mass action against the Marriott Corporation. The plaintiffs alleged fraud in the inducement by Marriott in convincing them to enter into limited partnerships with the hotel chain. Following extensive discovery and summary jury trial, the case settled for $425 million. Cause No. 96CI-08327; Whitey Ford, et al. v. Host Marriott Corporation, et al.; In the District Court of Bexar County, Texas, 285th Judicial District.
  • Geoffrey Berg, with Joel Androphy, represented a group of boys who had been molested by a Catholic Priest. The plaintiffs alleged that the leadership of the church knew about the molestation and helped the priest flee the country. Following extensive discovery, including the deposition of the Archbishop of San Antonio, the case settled for a confidential sum. The church additionally agreed to publicly read an apology to the boys and their families during a Sunday service at the church they attended. 95-4862-E; Arredondo, v. Most Rev. Rene H. Gracida, Bishop of the Diocese of Corpus Christi, et al.; In the 148th Judicial District Court of Nueces County, Texas and No. S-96-5841-CV-A; Rodriguez, et al vs. Father Jesus Garcia, et al; In the 36th Judicial District Court of San Patricio County, Texas.
  • Geoffrey Berg represented a central Texas plant worker who had been injured on the job by a malfunctioning fence. The claim was settled for policy limits before filing suit.
  • Geoffrey Berg represented a nursing home patient against a large health care institution which resulted in a favorable confidential settlement.
  • Geoffrey Berg represented a former high-level employee of a lumber company. The employee had been sued for breach of his non-competition agreement, misappropriation of trade secrets and copyright violations. Following extensive discovery and the filing of dispositive motions, the case settled favorably on a confidential basis.

*Results obtained depend on the facts of each case.