Every day, Stibbs & Co. helps businesses in the Houston area and across the country succeed in achieving their unique visions of success.

Stibbs & Co. Attorneys Assist Out-of-State Client in Collecting on Foreign Judgment

About The Case

Our client, Medico Industries, Inc., a fabricator and supplier of metal parts and a Pennsylvania corporation obtained a judgment against a Texas corporation, Superior Drillpipe Manufacturing, Inc. Stibbs & Co. attorneys filed a Petition to Enforce Judgment in July 2019 and by March 2020, Medico had received $450,000.00 in settlement funds as a result of a Settlement and Release Agreement.

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Lawyers Associated

Adam R. Fracht

Practice Areas

Commercial Litigation

Stibbs & Co. Represents Shareholder in Shareholder Dispute and Sale of Corporate Assets

About The Case

Stibbs & Co. attorneys represented a shareholder in a successful effort to assume control over business operations of the corporation and its assets and to direct an orderly sale of assets, including real estate and ongoing business operations.  The shareholder, who before representation by Stibbs & Co. attorneys had been excluded from all aspects of the business, received a seven figure distribution after assuming control over the business and liquidating its assets.

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Lawyers Associated

Stuart W. Lapp Nicholas A. “Nick” Davis

Practice Areas

Commercial Litigation Commercial Real Estate Owner Disputes

Stibbs & Co. Assists Construction Equipment Rental and Supply Company in Obtaining Multimillion Dollar Financing

About The Case

In February 2019, Stibbs & Co. attorneys helped its long-time client, a construction equipment rental and supply company, negotiate and finalize loan documents, which included a Term Loan and a Line of Credit. Stibbs & Co. attorneys counseled the client through all stages of the financing transaction. Stibbs & Co. carefully reviewed and analyzed each of the loan documents prior to execution, relieving pressure on the client to understand the legal and financial importance of the loan documents and allowing the client focus on its operations and how best to utilize the funds to grow its business.

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Lawyers Associated

Amanda Trapp Veronica E. Rossitto Stuart W. Lapp

Practice Areas

Construction Contracts & Business Issues Finance

Stibbs & Co. Represents Seller in Sale of Business Assets and Operations

About The Case

In Q4 2019 and Q1 2020, Stibbs & Co. represented a long-time client in the sale of business assets and operations that included multiple income-producing properties with on-going business operations and a separate portfolio of long term service contracts.  Stibbs & Co. attorneys counseled the client through all stages of the transaction beginning with negotiation of the Purchase and Sale Agreement through due diligence and ending with a multi-day and multi-state closing.  The asset sale allowed the client to divest itself of non-core assets and raise capital for reinvestment into its core business.

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Lawyers Associated

Stuart W. Lapp

Practice Areas

Commercial Real Estate Contracts & Business Issues Private Equity

Stibbs & Co. Wins Back-to-Back Motions for Summary Judgment, Obtaining Final Judgment Against Commercial Landlord

About The Case

Stibbs & Co. clients, Crawford Strategies, LLC and Jennifer Crawford, tenants on a commercial lease, sued their landlord Plaza City, LLC and Antonio Plaza Rogers for breach of a Lease Agreement based on the landlord’s failure to remedy a septic system defect and failure to timely complete construction of the leased premises. On May 24, 2019, Judge Claudia Laird of the Montgomery County Court at Law No. 2 granted the Plaintiffs’ Traditional Motion for Partial Summary Judgment as to Liability for Breach of Contract, holding that Defendant Plaza City, LLC was liable to Plaintiffs for breach of contract. On November 22, 2019, Judge Laird entered a second order granting Plaintiffs’ Traditional Motion for Summary Judgment as to Damages and awarding Plaintiffs $83,560.00 in damages, attorneys’ fees of $31,037.27, pre- and post-judgment interest, and court-costs. (Plaintiffs ultimately dismissed their case against Antonio Rogers, after obtaining final judgment against Plaza City, LLC.)

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Lawyers Associated

Morgan N. Muñoz

Practice Areas

Commercial Litigation Commercial Real Estate

Stibbs & Co. Procures Dismissal of All Claims Against Lone Star Laboratory Group

About The Case

On March 22, 2019, Benchmark Specialties, Inc. (“Benchmark”) filed a lawsuit in the 155th Judicial District Court of Fayette County, Texas alleging that Lone Star Laboratory Group (“Lone Star Labs”) and two other parties misappropriated Benchmark’s confidential trade secret information. On June 6, Stibbs & Co. attorneys filed a Motion to Dismiss the baseless claims against Lone Star Labs. The Motion to Dismiss was denied, but Stibbs & Co. appealed the lower court’s decision and Benchmark agreed to voluntarily dismiss Lone Star Labs from the lawsuit with prejudice and without any settlement payment.

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Lawyers Associated

Adam R. Fracht Haley Paul

Practice Areas

Commercial Litigation

Executive Client Obtains Confidential 7-Figure Settlement

About The Case

Stibbs & Co. represented a high-ranking executive of an oil and gas exploration company in bringing a breach of contract claim against his former employer. The company owed the executive an incentive bonus based on his work on a number of highly profitable transactions for the company. During his employment and after his resignation, the company failed and refused to pay the contractual debt. Through mediation, Stibbs & Co. successfully settled the case securing a confidential 7-figure settlement for the client.

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Lawyers Associated

Adam R. Fracht Nicholas A. “Nick” Davis

Practice Areas

Commercial Litigation Energy Mediation & Arbitration

Stibbs & Co. Attorneys Assist Client in Obtaining Confidential 7-Figure Settlement

About The Case

Stibbs & Co. attorneys represented a limited partner in bringing a lawsuit against its general partner and other individuals claiming fraud and breach of fiduciary duty, among other causes of action. Stibbs & Co.’s client was a partner in an oil and gas company and was intentionally and fraudulently excluded from participating in lucrative stock purchase. Stibbs & Co. procured a 7 figure settlement, pursuant to a confidential settlement agreement, on behalf of the limited partner.

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Lawyers Associated

Adam R. Fracht Haley Paul

Practice Areas

Commercial Litigation Energy Mediation & Arbitration

Stibbs & Co. Attorneys Successfully Defend Clients, Avoiding Temporary Injunction

About The Case

On January 5, 2018, Stibbs & Co. attorneys obtained an order in the United States District Court of the Northern District of Texas Amarillo Division denying the Plaintiff, Bruckner Truck Sales, Inc.’s request for injunctive relief against Stibbs & Co.’s clients, Bayou Diesel Services, LLC and Regan Price. Bayou Diesel is an automotive repair shop that services diesel trucks, along with smaller trucks of various makes and models. The injunction sought to prevent Bayou Diesel and Regan Price from performing any mechanic service and prohibit them from soliciting customers of Bruckner based on overly broad covenant-not-to-compete and non-solicitation provisions in an employment agreement between the Plaintiff and Price. The January 5, 2018 order denied such relief. Plaintiff appealed to the Fifth Circuit, but the case settled prior to any decision by the Fifth Circuit.

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Lawyers Associated

Stuart W. Lapp Haley Paul

Practice Areas

Commercial Litigation

Stibbs & Co. Wins on Appeal to Ninth Court of Appeals, Beaumont, Texas

About The Case

On June 27, 2019, the Ninth Court of Appeals upheld two February 8, 2018 Orders Denying Falcon Steel America, LLC’s and Order Denying TransDesign International LLC’s Motions to Dismiss. Stibbs & Co. had previously filed a lawsuit on behalf of its client, SAE Towers, Ltd., a manufacturing, engineering, and marketing company of electrical products and services. SAE Towers brought the action against Defendants Falcon Steel America, LLC and TransDesign International LLC alleging misappropriation of trade secrets, among other claims. Defendants filed their respective Motions to Dismiss, pursuant to the Texas Citizens Participation Act (“TCPA”), seeking to dismiss all of SAE Towers’ claims. The Honorable Judge Cara Wood denied both motions in full and the Ninth Court of Appeals upheld the orders, finding that SAE Towers successfully invoked the “commercial speech” exemption to the TCPA. Falcon Steel subsequently filed a petition for review to the Texas Supreme Court but was denied review. See TransDesign Int’l, LLC v. Sae Towers, Ltd., NO. 09-18-00080-CV, NO. 09-18-00081-CV, 2019 Tex. App. LEXIS 5429 (Tex. App.—Beaumont June 27, 2019).

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Lawyers Associated

Stuart W. Lapp Adam R. Fracht Haley Paul

Practice Areas

Commercial Litigation

District Court of Montgomery, Texas Awards Sanctions Against Defendants in Favor of Stibbs & Co. Client, National Oilwell Varco

About The Case

In July 2018, Stibbs & Co.’s filed suit on behalf of its client, National Oilwell Varco (“NOV”), in the 284th Judicial District Court of Montgomery, Texas, alleging misappropriation of trade secrets and fraud, among other claims, against a former employee and his current employer in a case styled, National Oilwell Varco, L.P. v. Bozarth et al. On February 26, 2019, Defendant Allamon Tool Company filed a number of counterclaims against NOV. Stibbs & Co. promptly filed a Motion to Dismiss, pursuant to the Texas Citizens Participation Act, and the Honorable Judge Kristin Bays granted the Motion to Dismiss on April 12, 2019, dismissing all of Allamon’s counterclaims with prejudice, and on May 14, 2019, ordered Allamon to pay $30,000.00 to NOV for its court costs and attorneys fees. The case ultimately resolved with the parties filing an Agreed Final Judgment Granting Permanent Injunction, signed on August 1, 2019.

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Lawyers Associated

Stuart W. Lapp Haley Paul

Practice Areas

Commercial Litigation

Stibbs & Co. Settles ERISA and Workers’ Compensation Retaliation Case for Nuisance Value

About The Case

Representing an oilfield service Fortune 500 Company based in Houston, Texas, Stibbs & Co. settled an ERISA and Workers’ Compensation retaliation case, filed in the United States District Court for the Southern District of Texas, for a mere $1,000.00. The Complaint alleged that the oilfield service company wrongfully terminated an employee, claiming violations of 29 U.S.C. § 1140 and the Texas Labor Code § 451.001. After discovering a formidable factual and legal defense, Stibbs & Co. attorneys were able to procure a settlement before any depositions or other formal discovery had taken place in the case, saving the company several thousands of dollars in legal fees.

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Lawyers Associated

Morgan N. Muñoz Haley Paul

Practice Areas

Commercial Litigation