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Firm News

Federal Magistrate Certifies Facts Showing Opposing Partys Conduct Constitutes Civil Contempt. District Judge to Hold Show Cause Hearing.

LORDA clients Peter Denton and his company Harvest Investors seek to collect on a multi-million dollar Swiss Arbitration award that has been confirmed into a U.S. judgment. The debtor is Swiss citizen Rudolf Suter, currently a Dallas-based optical company executive, who has resorted to obstruction and bankruptcy to avoid paying the judgment against him. In his bankruptcy, Suter was found in contempt of that court for discovery abuse. After being threatened with incarceration by Bankruptcy Judge Stacey Jernigan, Suter paid approximately $30,000 in fees and penalties and produced documents sought by the Trustee.

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LORDA Assists CGL Insurer in Obtaining a Substantial Recovery from a Pollution Insurer in Final 9-11 Mass Action

This result, achieved without litigation, emanated from navigation and negotiation through multiple coverages with multiple layers over seven potential years of coverage. LORDA Principal, Bob Allen, represented Armour Risk Management (a unit running off certain OneBeacon lines of coverage) as coverage counsel in connection with hundreds of bodily injury claims against one of the major commercial remediation companies involved in the clean up of dozens of buildings surrounding Ground Zero in the aftermath of the 9-11 Terrorist Attack.
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Bob Allen Guides Ace European to a Rare 91a Dismissal. Judge Awards Fees.

In a classic forum battle pitting a first filed Texas action against a California action over the same transaction, Bob Allen, working with Clyde & Co., secured a dismissal of a Dallas suit for declaratory judgment brought by Ringler & Associates in deference to a subsequently filed suit for damages brought by ACE European and other London based Underwriters against Ringler in Orange County California. The suits involve whether Ringler is responsible for the acts of its former Dallas-based agent, who instead of purchasing annuities to finance long term disability payments to employees of the United Nations, used the funds (totaling in the millions) to finance a Ponzi-scheme.

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LORDA Defeats a GC's Attempt to Obtain AI Coverage from Sub's Insurer

Galveston Federal Magistrate John R. Froeschner held oral arguments on March 11 and then two days later he issued a Memorandum Order recommending the granting of LORDA's client Selective Insurance Company of South Carolina's motion for summary judgment in a coverage dispute arising from a lawsuit over bodily injuries and a death at a construction site. When the General Contractor sought coverage as an Additional Insured under the Selective liability policy issued to one of the subcontractors, this coverage litigation ensued. Selective and the General Contractor then filed competing summary judgment motions on whether Selective owes the General Contractor a duty to defend in the underlying bodily injury/wrongful death lawsuit.

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LORDA Wins a $27,605 Attorneys Fees Sanction for Client due to Opponent's Obstruction of the Discovery Process

On Christmas Eve, U.S. Magistrate Judge David A. Horan issued a Memorandum Order awarding LORDA clients Peter Denton and Harvest Investors, LP $27,605 in attorney's fees as a Fed. R. Civ. P. 37(a)(5) Sanction because of their opponent's failure to produce documents in a complex international collection action emanating from a multi-million dollar Swiss Arbitration Award that was confirmed to a U.S. Judgment. The creditor, Rudolph Suter, has attempted to avoid payment of his debt by moving from Switzerland to Dallas where he is the CEO of an Optical Company and in so doing committed the discovery abuse leading to the Sanction.

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How to Reach Us

Robert D. Allen
Law Offices of Robert D. Allen, PLLC
10440 N. Central Expy. Suite 1450
Dallas, TX 75231

Phone: (214) 217-5010
Fax: (214) 217-5024
Bob Allen's Direct Line: (214) 217-5012
Email: bob.allen@theallenlaw.com
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