News and Recent Victories

RECENT NEWS FROM THE LAW OFFICE OF ANDERSON M. SIMMONS, P.C

In 2008 and 2009, we have seen a large increase in demand for our collection and litigation services. We typically represent small businesses in their debt collections against other businesses, but also defend many consumers in debt collection cases brought by lenders and debt collectors. We generally do not represent lenders or creditors in cases against consumers, though we have defended a consumer debt collector in Fair Debt Collection case.

While the increased demand for collections services is an unfortunate sign of these hard economic times, we still have many entrepreneurial clients seeking our legal services in transactions such as starting a new business, buying or selling a business, trademarks, intellectual property agreements, contracts, leases, warranties, website terms of use, and other general business matters. Despite the economic downturn, Austin is still filed with an entrepreneurial spirit and we are pleased there is still demand for our legal services in these areas.

Highlights of Some Of Our Recent Plaintiff Victories

Securities fraud case, U.S. District Court, Texas, April 2009

$1.7 million agreed judgment. We have collected $327,500 from the defendant for our clients as of July 2009 and the remainder is scheduled to be paid according to an agreed schedule.

Other cases:

1. Pilgrim's Pride, breach of warranty and breach of contract, Harris County, TX, 2006.

$55,000 settlement. Pilgrim's Pride delivered a shipment of chicken in which some of the boxes contained chicken with bones, though our client ordered boneless chicken. Although the boxes were properly labeled, our client wasn't expecting any bones and they didn't discover the error until the chicken had already gone into their product. When we made our demand for compensation, the big firm Dallas lawyer hired by Pilgrim's not only denied our claim, but threatened us with sanctions if we filed suit. We filed suit, and Pilgrim's paid us to amicably settle the case.

2. Utility Company Damage to Electronic Equipment. Bastrop County, TX, 2006.

$17,604 settlement. The electronic control systems were damaged on our client's manufacturing equipment by excess voltage levels. Despite laws and contracts that favor the utilities, the utility company paid our demand in full.

3. Landlord Tenant Dispute, Travis County, TX, 2008

We won a summary judgment representing a tenant in a dispute with his landlord and were awarded actual and treble damages. Our client was paid a settlement prior to the hearing on our attorney's fees.

4. Commercial debt collection, Travis County Court, June 2009.

$15,000 settlement, paid in full. Amount of debt sued for: $13,992.

5. Commercial debt collection, Williamson County Court, July 2009

$17,800 agreed judgment. Amount of debt sued for: $15,800. $3,000 collected to date with remainder to be paid over tenth months.

Highlights of Some of Our Recent Defense Victories (and some golden oldies)

1. DirecTV cases, U.S. District Court, Austin, TX, 2005

In a classic instance of David versus Goliath, satellite TV giant DirecTV, Inc. sued thousands of individuals across the country for satellite piracy, based on the consumer's purchase of certain electronic "smart cards" that had allegedly been configured by the manufacturers for bypassing satellite encryption. We represented some local defendants and got their cases dismissed after we filed for summary judgment. We represented other individuals at the demand stage and persuaded DirecTV not to sue or further bother our clients.

2. Trucking accident, Harris County District Court, TX, 2006.

An injured truck driver sued our client, an independent trucking company, for personal injuries arising from an accident he blamed on faulty brakes and maintenance. Plaintiff claimed permanent disability and sought six figure damages. We settled the case for $5,000.00, which was less than the cost of going to trial. The previous law firm had used up most of our client's retainer. With what was left, we took over, took depositions, prepared the case for trial and got it settled, all on a shoe string budget. The owner credited us with saving his business.

3. Frisch v. General Motors, Llano County, TX, 2006

Case dismissed. Frisch sued GM for products liability, alleging serious injuries and paralysis from a truck rollover. We served as local counsel and took a major role in preparing the summary judgment that resulting in plaintiff dropping the case.

4. Personal Injury and Assault Case, Travis County, TX, 2007

Our client was sued for motor vehicular assault on two individuals and was arrested on the same charges. Plaintiffs sought punitive damages and the case had the potential to become a high profile case. We quietly settled the civil case for $2,000.

6. Dodeka, LLC v. S.P., consumer debt case, Travis County, July 2008.

Case dismissed after we filed for summary judgment.

7. Dodeka, LLC v. R.S., consumer debt case, Travis County, September 2008

Case dismissed after we filed for summary judgment.

8. Dodeka, LLC v. E.W., consumer debt case, Travis County, October 2008.

Case dismissed after we filed for summary judgment.

9. Dodeka, LLC v. B.M., consumer debt case, Williamson County, February 2009

Judgment for defendant.

10. Unifund CCR Partners v. C. E., consumer debt case, Travis County, April 2009

Settlement in our favor. Unifund paid our client $2,000 for attorney fees and damages on our FDCPA counterclaim and my client paid Unifund nothing.

11. Family Law and Privacy case, Travis County, April 2009

Our client's phone records were subpoenaed in a child custody case. Our client was not a party to the custody dispute and resented the invasion of his privacy. The party seeking the records was wealthy and hired one of the most prominent family law and criminal defense law firms in town. We got the subpoena quashed on the grounds of privacy and we were awarded attorney fees.

12. Capital One v. F.T., consumer debt case, Travis County, April 2009

Case voluntarily dismissed by Capital One.

13. CACH, LLC v. M.A., consumer debt arbitration award confirmation case, Williamson County, April 2009.

Motion to vacate arbitration award granted, case dismissed with prejudice.

14. State of Texas v. R&S, Navarro County, TX, April 2009

ADA violation complaint: voluntarily dismissed.

15. Unifund v. L.P., LLC consumer debt case, Williamson County, June 2009.

Amount of claim was $28,693.71, plus attorney fees and interest. We settled it for $500.

16. Pharia, LLC v. K.J., consumer debt case, Bastrop County, June 2009

Case dismissed after we filed for summary judgment.

17. Discover v. K.L., consumer debt case, Harris County, July 2009

Case dismissed after we filed for summary judgment.

18. State of Texas v. A.P., regulatory violation, Travis County, July 2009

Amount of claim: $6,750.00. We settled it for $1,000.00.

17. CACH, LLC v. A.B., Travis County, August 2009

18. CACH, LLC v. P.K., Travis County, August 2009

Plaintiff had an arbitration award for over $65,000 and filed a petition to confirm the award. The case had been on file for two years and was set for trial. We came less than 30 days before trial, filed a plea to the jurisdiction, and got the case dismissed.

Case dismissed.

Deals and Transactions

In addition to numerous successful trademark applications, contract review and negotiations, we have worked on some deals for clients whose products and services are just plain fun to mention.

Toy Joy, sale of business, Austin, TX, 2008. We represented the buyer.

Abel's on the Lake, Austin, TX, 2009. Entity formation, negotiations with minority members.