David Noll | Houston Intellectual Property

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Plaintiff Cases $6,500,000 breach of contract stemming from a complex commercial asset purchase agreement, federal court action, confidential settlement under favorable terms for client, lead counsel. $2,500,000 consent judgment, exclusive of attorney fees and costs, in DMCA and Communications Act federal court action and permanent injunction against defendants, co-lead counsel, DISH Network, et al. v. David Smith, et al.; United States District Court for the Eastern District of Kentucky, Case No. 09-38-ART, co-lead counsel. $2,500,000 breach of contract/television programming agreement federal court action, final judgment of $2,305,000, exclusive of attorney fees and costs, permanent injunction entered against defendant, lead counsel, EchoStar Satellite L.L.C. v. Persian Broadcasting Company, Inc.; Case No. 05 F 466 (PAC), United States District Court, District of Colorado. $1,100,000 breach of insurance contract and indemnity claim federal court action, confidential settlement under favorable terms for client, co-lead counsel. $1,000,000 breach of contract stemming from television programming agreement dispute, confidential settlement under favorable terms for client, lead counsel. In excess of $1,000,000 breach of contract action stemming from television programming agreement federal court action, summary judgment granted to plaintiff and permanent injunction entered against defendant, lead counsel, EchoStar Satellite L.L.C. v. Channel One TV, Inc.; Case No. 05 D 467 (PAC), United States District Court, District of Colorado. In excess of $500,000 wrongful termination of employee in whistleblower dispute under federal election campaign laws, confidential settlement under favorable terms for client, lead counsel. Defense Cases $10,000,000 alleged breach of television programming agreement and unjust enrichment claims federal court action, favorable jury verdict for a fraction of the demand, second chair, Telewizja Polska USA, Inc. v. EchoStar Satellite Corporation, Case No. 02C 3293, United States District Court for the Northern District of Illinois. In excess of $8,000,000 alleged breach of commercial software development contract federal court action, confidential settlement for a favorable confidential sum for defense, lead counsel. $6,000,000 alleged Title VII race, gender, national origin and lost stock option federal court action, confidential settlement for a favorable sum for defense, lead counsel. $5,000,000 alleged tort and products liability federal court action, confidential settlement for a favorable sum for defense, second chair. $3,500,000 alleged promissory fraud and breach of contract over commercial software development federal court action, confidential settlement for a favorable sum for the defense, co-lead counsel. $1,400,000 alleged breach of commercial contract concerning electronic routing equipment federal court action, confidential settlement for a favorable sum for defense, second chair. $950,000 alleged Texas Labor Code Section 451 Workers’ Compensation Retaliation claim arbitrated with AAA, confidential settlement for a favorable sum for the defense, lead counsel. $650,000 alleged breach of commercial contract concerning product warranty federal court action, confidential settlement for a favorable sum for defense, lead counsel. $600,000 alleged Americans with Disabilities Act (ADA) federal court action, confidential settlement for a favorable sum for the defense, lead counsel. $425,000 alleged Fair Labor Standards Act (FLSA) federal court action, directed verdict for defense at trial, affirmed on appeal by the 5th Circuit, lead counsel, Hagan v. EchoStar Satellite LLC & Echosphere LLC; Case No. H-05-1365, United States District Court for the Southern District of Texas. $375,000 alleged Family Medical Leave Act (FMLA) claim arbitrated with AAA, favorable confidential award issued by AAA for defense, lead counsel. $350,000 alleged Family Medical Leave Act (FMLA) federal court action, favorable confidential settlement for defense, lead counsel. $300,000 alleged Texas Commission on Human Rights Act (TCHRA) gender/pregnancy discrimination state court action, favorable confidential settlement for defense during trial, lead counsel.