Austin, TX • 512.815.7872
- Lead trial counsel in the successful defense of a lender liability suit in which it was alleged that the defendant bank and associated individuals defrauded the plaintiff by failing to make previously agreed loans, resulting in the collapse of a multimillion-dollar business.
- Trial of first ever proposed rehabilitation of insolvent insurer under Texas Insurance Code.
- Trial of breach of contract case involving “trade claims” arising from Delta Airlines bankruptcy.
- Lead counsel in Markman and motion for summary judgment hearing regarding software patents, resulting in judgment for client that was affirmed by Federal Circuit Court of Appeals.
- Lead trial counsel in a toxic tort case against a major chemical company alleging $1 billion in damages. A group of ten plaintiffs’ cases, selected from the 1,000 who sued, were tried. After five years of discovery and five weeks of trial, the plaintiffs voluntarily dismissed their cases rather than proceed to verdict. The remaining cases were settled based on the defense victory.
- Represented client in a case in which a plaintiff’s cancers were allegedly caused by exposure at client’s chemical plant. A large, international union was also a plaintiff inthis case. After Mr. Butts deposed plaintiffs’ experts, plaintiffs’ counsel acknowledged they could not meet their burden of proof under existing law. Resolution of the case included the union publishing a retraction on its website of libelous statements made about Mr. Butts’ client in prior union publications.
- Lead counsel for the defendant in a five-week jury trial involving allegations of fraud, breach of warranty, and violations of the Deceptive Trade Practices Act against a major international corporation. The plaintiffs recovered the amount of damages identified by the defendant’s expert witness, approximately 1/20th of the amount sought by plaintiffs.
- Lead counsel for one of the world’s largest chemical companies in several cases involving allegations of failure of plastic pipe in several Texas cities and water districts. At issue was the cost of replacing many thousands of allegedly defective plastic pipes installed in municipal water distribution systems, costs that by every estimate ran into several tens of millions of dollars. Subject matter of the suit required a detailed understanding of chemical and mechanical characteristics of polymers and the use of chemical stabilizers to protect against degradation. All cases were ultimately settled consistent with client’s expectations.
- Lead trial counsel in a case brought under the Racketeering Influenced and Corrupt Organization Act (RICO) involving allegations of improper conduct in the liability insurance industry. The plaintiffs were a group of insurers and re-insurers who had sustained losses of about $100 million. This case was settled during trial, with Mr. Butts’ client contributing a small percentage of the overall settlement.
- Lead counsel for the defense against a plaintiff who contended that a shopping center and brokerage fees were at issue due to the efforts to sell the shopping center. After approximately two weeks of trial, the jury returned a defense verdict that plaintiff take nothing.