United States District Court, S.D. Texas, Houston Division
Honorable Alfred H. Bennett United States District Judge
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
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 &
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.
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.
E&L is in the trucking and logistics business and has
operated in both California and Texas. Doc. #160 at 19-20.
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.
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.
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.
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
Fisher & Phillips ("F&P") represented
Veritas and/or E&L in the FLSA Litigation. Doc. #160 at
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.
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
September 9, 2015, an amended complaint was filed in the
Collective Action naming Veritas as an additional ...