BoyarMiller Obtains Entire Case Dismissal on Summary Judgment Avoiding a Seven-Figure Trial
HOUSTON (February 12, 2018) – Recently, BoyarMiller attorneys Chris Hanslik and Kasi Chadwick won a motion for summary judgment in favor of their client, a national, professional services firm with their principal office in Houston, Texas, avoiding a complex, high-dollar trial with a potential seven-figure judgment.
In the underlying suit, BoyarMiller’s client was sued as the alleged recipient of fraudulently transferred assets purportedly received in violation of the Texas Uniform Fraudulent Transfer Act (“TUFTA”). Ultimately, the plaintiff attempted to impose civil liability on the professional services firm for hiring a senior-level, non-partnered employee when the employee’s previous employer ceased doing business. In changing jobs, the plaintiff alleged that assets—namely the imploded firm’s former clients and client files—were improperly transferred to BoyarMiller’s client.
Motions for summary judgment are sometimes denied by state and federal judges when there is a question of fact that the law requires that a jury to decide. Because the TUFTA creates liability for the intentional actions of the defendants, TUFTA claims are typically riddled with fact questions that normally require jury determinations precluding summary judgment. Carefully crafting the discovery collected, and later, the motion for summary judgment, BoyarMiller successfully dismissed the plaintiff’s TUFTA claim against their client on summary judgment resulting in an entire case dismissal without a costly trial.
“From the very beginning, we believed strongly that the plaintiff’s case against our client was groundless,” said Chris Hanslik, BoyarMiller’s Chairman.
As Kasi Chadwick explained, “A TUFTA claim usually requires a lengthy jury trial; however, through careful discovery and decided motion practice, we were able to dismiss plaintiff’s entire case on the eve of trial.”
“Our client was one of five defendants in the case, and the other four settled out of court,” explained Hanslik. “Our client was likewise presented with the option to settle. We are proud that our client agreed with our team’s assessment and followed through with our recommendation to file the motion for summary judgment. Dismissing this case on summary judgment had an impactful, positive result on our client’s business—that is what we strive for with every case.”
BoyarMiller is a mid-size Houston-based law firm that advances client business goals by bringing new possibilities into focus with confidence and clarity to achieve extraordinary outcomes. Since 1990, we have been providing practical and smart business solutions. Our firm is comprised of two practice groups—business law and litigation—and we serve multinational companies, middle-market businesses and entrepreneurs in need of collaborative and strategic representation. See for more information.