Over the years, we have had the honor to represent our clients in several ground-breaking cases. Some of these cases involved seemingly impossible odds. Some involved unique, novel theories of law. And others involved vigilantly prosecuting cases on behalf of our clients, even when the cause was not a popular one.
A few examples of some of our landmark cases are discussed below:
Lutheran Church Molestation Case
Nine victims of a former Lutheran minister were awarded $37 million by a jury on April 23, 2004. The verdict awards the nine plaintiffs amounts ranging from $50,000 to $9.8 million each. Nix, Patterson & Roach, LLP represented the plaintiffs.
In addition to the jury verdict, separate settlements were reached prior to the trial in the amount of $32 million with the Chicago-based denomination and the seminary that the former minister attended. Under the terms of the settlement agreement, Lutheran authorities must apologize to victims and parishioners nationwide, develop a policy on responding to claims and preventing abuse, conduct a review of all current ministers, and create a national reporting system for sex abuse allegations. "Just as important today are the noneconomic agreements, which will hopefully not only be the start of a new reformation for the Lutheran Church but will also serve to raise the bar nationally for all institutions charged with public trust over our children," Nix, Patterson & Roach attorney Edward Hohn said.
The State of Texas v. The American Tobacco Company et al.
In 1995, Nix, Patterson & Roach, along with four other law firms, was selected by the State of Texas to prosecute the State’s claims against the tobacco industry, seeking to recoup State monies paid to treat smoking related illnesses. The tobacco industry came into the case with a perfect record in over 44 years of litigation, never losing a single time out of the more than 800 cases against it. That was before Big Tobacco came to Texas. The Texas Tobacco team combined their resources, career experiences and successes, and a relentless prosecution of this case on behalf of the State of Texas. The result—a settlement in excess of $17 billion. This settlement was not only one for the record books –the largest single civil litigation settlement in history at that time—but also proof that through hard work, perseverance, and sheer will a small group of lawyers can bring about social change against even the most powerful corporations.
In 1998, the executives of Dallas-based Triton Energy Limited announced that they were putting their company up for sale. Over a twelve month period, the Company made numerous public statements regarding the success of the sales process. The Company also stated that interest from potential buyers was substantial and that it was likely that the entire Company would be sold for a premium price. In reaction to these statements, investors poured millions of dollars of their hard-earned savings into Triton’s common stock. Unfortunately, the Company’s statements were false and, as a result, investors lost millions. Nix, Patterson & Roach was appointed as Co-Lead Counsel for the class of investors damaged by the Company’s fraud in a securities fraud class action under the Securities Exchange Act of 1934. The firm obtained a recovery of $49,500,000.00 for the class. This recovery is believed to be the largest recovery ever obtained in a securities fraud class action in the United States District Court for the Eastern District of Texas, Texarkana Division.
Even the federal government can fall victim to the greed and fraud of big corporations. So, when it became apparent that several major companies had cheated the United States government out of hundreds of millions of dollars, Nix, Patterson & Roach filed suit under the False Claims Act. The Firm was lead attorney for one of three relators (relator is the term used for the plaintiff in FCA litigation) in Johnson, et al. v. Shell, et al., in the United States District Court, Eastern District of Texas. The Johnson Lawsuit ultimately resulted in settlements in excess of $400 million dollars on behalf of the United States Government. The Johnson Lawsuit resulted in the largest FCA recovery in history at the time.
The Firm currently represents Harrold Wright (one of the three relators in the Johnson Lawsuit) in a related FCA lawsuit against more than a dozen major gas producing corporate families in Wright v. AGIP Petroleum Company et al., pending in the United States District Court for the District of Wyoming.
Lone Star Steel Litigation
When countless steel workers at the Lone Star Steel Mill began to suffer from breathing problems and cancer, they came to Nix, Patterson & Roach. These men and women spent their working lives making many of the steel products that form an integral part of our economy. But, instead of praise and wealth, all many of these workers got was cancer and other breathing problems caused by exposure to deadly silica and asbestos products. These workers and their families joined together with the lawyers of Nix, Patterson & Roach to bring the companies who made these products to justice. Their case, which came to be known as the Lone Star Steel Mill Toxic Tort Litigation, resulted in the payment of more than $90,000,000.00 to these workers and their families.
Red River Army Depot Toxic Tort Litigation
Several years after the Lone Star Steel Toxic Tort Litigation began, workers at the Red River Army Depot in the Northeast Texas area began to suffer from diseases caused by exposure to rubber products in the work place. Nix, Patterson & Roach filed suit against the manufactures of these products to make them pay for the harm they caused these workers and their families. In the end, Nix, Patterson & Roach obtained over $47,000,000.00 for 200 clients.
Harmar, et al. v. Coca-Cola Enterprises, et al.
When the owners of several bottling companies complained that the big soft drink companies were engaging in unlawful unfair competition, the firm filed an antitrust case on their behalf. The Firm ultimately proved our clients were right at trial, by winning a jury verdict in excess of $15,000,000.00 and an injunction against Coca-Cola Bottling and Coca-Cola Enterprises.
Learn more about the Firm’s winning verdict against Coca-Cola
Doe v. Second Baptist Church of Marshall, Texas
Horrible stories of sexual abuse and misconduct by church clergy have shocked the American conscience during the last few years. Sadly, these news stories involve tragic abuse to children by the very persons we turn to in our times of need. Nix, Patterson, & Roach has been a leader in prosecuting sexual abuse cases since long before these cases covered the headlines. In the early 1990’s, when several children from an East Texas church reported that they had been sexually abused by a member of the church, they came to Nix, Patterson, & Roach for help. We filed suit on their behalf and won a verdict and judgment for them in the amount of $7,500,000.00.
One of the best ways to bring about justice for a large group of injured people is through a class action. Class action lawsuits occur when hundreds, sometimes thousands, of people join together in a single case against a company that has harmed them all. Over the past five years, the Nix Law Firm has obtained awards totaling over $500,000,000.00 for injured consumers in several class action cases across the country.
In one of our recent cases, the Firm recovered millions of dollars for our clients and helped to change the way credit card payments and late fee penalties are processed. In the late 1990’s, several major banks were looking for ways to increase revenue through their credit card divisions. One way the banks reached this goal was to become highly aggressive in the way that late charges were imposed for credit card payments. The practices of these banks made national headlines in 1998.
As a result of these unlawful practices, the Nix Law Firm helped consumers bring a national class action against Citibank (South Dakota) N.A. regarding unlawful credit card charges in federal court in Marshall, Texas and Los Angeles, California. This litigation resulted in a national class action settlement valued at over $100 million. Final approval of this settlement was ordered in federal court in Los Angeles, California. This settlement resulted in the recovery of millions of dollars for consumers. Even more importantly, as part of the settlement, Citibank changed the way it processes payments and imposed late fee penalties for the benefit of its customers. The United States Court of Appeals for the Ninth Circuit recently affirmed this settlement and the court’s award of attorneys fees in a unanimous decision.
For a copy of the Ninth Circuit’s Opinion affirming the Citibank class action, please
click here.
Fifteen Passenger Van Litigation
Countless schools, church groups and other organizations across the county have purchased fifteen passenger vans to help them travel to their organization’s events. Unfortunately, many fifteen passenger vans are inherently deadly dangerous and unsafe. When fully loaded these vans become top-heavy. This causes the van to become unstable, which can result in a loss of control and cause the van to rollover. Some of these van also have unsafe restraint systems and inadequate roof structures to protect passengers in a rollover sequence. Over the past several years, the lawyers at Nix, Patterson & Roach, L.L.P. have been at the forefront of litigation against the manufacturers of these vans. Through our efforts, we have helped numerous clients to receive compensation for their injuries at the hands of the manufacturers of these vans.
Exploding Gas Can Litigation—Bryson v. Texaco, et al.
All of us have seen it. Someone pulls up to a self-service gas station, grabs the gas pump, and begins to pump gas into a gas can in the back of their pick-up truck. Although few people know it, this is one of the most dangerous things you can do at a gas station. When a gas tank is placed on a plastic or carpet bed liner on a truck, static electricity builds up while the gas is being pumped. This can cause an electrical arc (or spark) during pumping, which can cause the gas can and the gas pump itself to ignite and explode, resulting in horrific burns or even death to everyone nearby. The gas companies knew of this danger, but failed to provide any warnings to their customers. When Mr. Bryson was severely burned in just such an accident, Nix, Patterson & Roach filed suit on his behalf against Texaco. Through our Firm’s work in this case, we recovered a confidential settlement for Mr. Bryson. Even more importantly, as a result of our lawsuit, gas stations across the country now provide warnings of the danger of static electricity when filling up portable gas cans. These warnings can now be seen at virtually every gas pump.
Breast Implant Litigation
During the late 1980’s and early 1990’s thousands of women across the nation began to experience problems related to silicon breast implants. These women suffered a wide array of severe health problems. Nix, Patterson, & Roach, L.L.P. filed suit for hundreds of these women against the manufacturers of the various silicon breast implants responsible for these health problems. Over the course of this litigation, the Firm helped our clients recover over $50,000,000.00 in compensation for their injuries.