Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Walker v. Fisher & Phillips, LLP

United States District Court, S.D. Texas, Houston Division

August 27, 2019

Matthew Walker, et al, Plaintiff,
v.
FISHER & PHILLIPS, LLP Third-Party Defendant. E & L TRANSFER, LLC, and EDWARD J. TWEED Defendants/Third-Party Plaintiffs,

          ORDER

          Honorable Alfred H. Bennett United States District Judge

         E & L Transfer and Mr. Tweed ("E & L/Tweed") brought a Third-Party Complaint against their former counsel in this case, Fisher & Phillips. E & L/Tweed argue that Fisher & Phillips failed to fully and honestly disclose information concerning conflicts that arose during its representation of E&L/Tweed and thereby breached its fiduciary duty.[1]

         On January 28 and 29, 2019, this Court held a non-jury trial in the above-entitled matter. During the proceeding, the Court received evidence and heard sworn testimony from Edward John Tweed (president of E & L Transfer), Stephen John Ropollo (regional managing partner for Fisher & Phillips in Houston), and Alia S. Wynne (former associate at Fisher & Phillips).

         Having considered the evidence, testimon}' and oral arguments presented during the trial, and applicable law, the Court now enters the following findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52(a). The specific findings of fact and conclusions of law are set out below. Any finding of fact that should be construed as a conclusion of law is hereby adopted as such. Any conclusion of law that should be construed as a finding of fact is hereby adopted as such.

         Findings of Fact

         1. Mr. Edward John Tweed ("Tweed") is the president and owner of E&L Transfer, LLC ("E&L"), which he formed in 2004. Doc. #160 at 16:131-32; 17:8; 132:1-3.

         2. E&L is in the trucking and logistics business and has operated in both California and Texas. Doc. #160 at 19-20.

         3. On May 5, 2008, E&L retained Veritas Personnel Services, Inc. ("Veritas") to provide certain employee hiring and payroll services to E&L. Plaintiffs' Ex. 4; Defendant's Ex. 8.

         4. A Client Agreement reflecting the relationship between E&L and Veritas was signed by Marcia Radel ("Radel") on behalf of Veritas and Tweed on behalf of E&L. Defendant's Ex. 8.

         5. The Client Agreement contained mutual indemnification provisions between Veritas and E&L. Defendant's Ex. 8 at ¶¶ 22-25; Doc. #160 at 141:10-144:14.

         6. Beginning in 2013, various lawsuits were f led against Veritas and/or E&L in the Southern District of Texas by employees who alleged violations of the Fair Labor Standards Act (collectively the "FLSA Litigation"). Doc. #160 at 213-14.

         7. Fisher & Phillips ("F&P") represented Veritas and/or E&L in the FLSA Litigation. Doc. #160 at 213-14.

         8. On August 21, 2015, Matthew Walker ("Walker"), on behalf of himself and others filed this case as a collective action ("the Collective Action") against E&L/Tweed, alleging violations of the FLSA. Doc. #1; Doc. #163 at 144:25-145:9.

         9. A summons was issued as to E&L/Tweed on August 24, 2015 and E&L/Tweed was served with the Collective Action on September 4, 2015. Plaintiffs' Ex. 163; Doc. #160 at 148:2-5.

         10. On September 9, 2015, an amended complaint was filed in the Collective Action naming Veritas as an additional ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.