Commercial Litigation
Mullin Law, PC represent clients in litigation, arbitration, and alternative dispute resolution proceedings involving a broad range of commercial issues. Our achievements include the following:
- Served as expert witness for international restaurant chain, in the Courts of Marbella, Spain, on the subject of whether a Texas court would grant preliminary injunctive relief to enforce a terminated franchisee’s post term de-identification requirements, resulting in the Spanish Court’s grant of Interim Remedial Measures enforcing post term de-identification requirements.
- Defended franchisor in administrative proceeding alleging violations of state business opportunity laws, resulting in summary judgment in favor of franchisor on claims that failure to provide disclosure violated anti-fraud provisions of the state law.
- Successfully represented franchisor on motion to transfer venue from U.S. District Court for the District of Hawaii to the U.S. District Court for the Northern District of Texas enforcing on forum-selection clause providing for litigation in the county in which the franchisor maintains its principal place of business.
- Successfully represented franchisee in first case to hold that that the Servicemembers Civil Relief Act (SCRA) applies to termination of commercial leases, and one of the few cases holding that the SCRA provides a remedy for civil litigants (cited by Congressional Committees as support for the recent passage of the Veterans’ Benefits Act of 2010 which, among other things, clarified a private right of action under the SCRA).
- Obtained Temporary Restraining Order against former employees of an eyelash extension salon business for violations of non-compete, non-disclosure, and non-solicitation clauses in the employees’ agreements.
- Appointed to represent numerous indigent tenants in appeals of forcible entry and detainer actions in Dallas County Courts.
- Obtained judgments on behalf of secondary mortgage lender, and recorded abstracts of judgment across the State of Texas.
- Represented franchisee against national party supply franchisor in arbitration proceedings, resulting in a favorable settlement to the franchisee.
- Defended 50-unit pizza franchisee in federal wage and hour class action resulting in minimal collection of damages by plaintiffs.
- Defended national franchisor in federal wage and hour class action resulting in reduced class and minimal payment of damages to plaintiffs.
- Obtained dismissal of EEOC charge for multi-unit franchisee.
- Obtained re-opening of EEOC charge for client in which additional evidence was allowed even though an award had already been made.
- Obtained reinstatement of franchise agreement for franchisee of national retail franchisor.
