Practice Areas

John Boswell has tried over 300 cases to jury verdict, resulting in a favorable result in over 90% of those cases. In those cases where he was representing Defendants, even in high verdict areas against excellent opposing counsel, he has never had a jury verdict resulting in a Judgment in excess of $1 million against his clients. Additionally, he has never had a jury verdict against any of his clients for punitive or exemplary damages, treble damages, or enhanced damages of any type. This is due to an understanding of the venue where the cases were tried, how to level the playing field in hostile jurisdictions and retention of jury selection experts when needed.

He has tried a wide variety of Civil cases and the following is a sample of some of those cases.

ASBESTOS

John Boswell was chosen as one of the original Asbestos defense attorneys in Texas. He has tried over 150 Asbestos cases to jury verdict. Most of these Asbestos cases were tried in the U.S. District Court for the Southern District of Texas, Galveston Division. John Boswell represented a number of different Defendants, but his main client in these Asbestos cases was Armstrong World Industries. Successful results were obtained in nearly all of the cases as to the liability of Armstrong World Industries and there were no jury findings of punitive or exemplary damages against any of John Boswell’s clients.

The Asbestos Plaintiffs were represented by Robert Ballard and Lawrence Madeskho of the Hill, Brown, Kronzer, Abraham & Watkins law firm of Houston, Texas.

Defendants Armstrong World Industries, et al were represented by John Boswell of the Boswell & Hallmark, P.C. law firm of Houston, Texas.

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BANKING

Don E. Hand, et al v. First Interstate Bank of Texas, N.A.

This case was tried in the 55th Judicial District Court of Harris County, Texas.

Plaintiff Don Hand was the sole shareholder of two Texas Corporations engaged in Real Estate Development is Northwest Harris County. For over twenty years, Don Hand and his corporations did business with First Interstate Bank, N.A., and it predecessor. A dispute arose and Plaintiff Don Hand, et al sued the Bank.

The Bank counter-claimed against Don Hand, et al.

After a lengthy Jury Trial the Jury unanimously answered fact issues submitted to it in favor of the Bank. After all offsets and credits the Court entered a Final Judgment against Don Hand, et al in excess of $7,000,000.

The Jury also found that Don Hand was the alter ego of two of his companies, Chasewood Ventures, Inc., and Greenwood Properties, Inc., and therefore, Don Hand was found to be jointly and severely liable with his two entities for any Judgments rendered in this case against Chasewood Ventures, Inc., or Greenwood Properties, Inc.

Plaintiff and Counter-Defendant Don Hand, et al were represented at trial by Norman Reidmueller. On Appeal, Plaintiff Counter-Defendant Don Hand, et al was represented by Tom Alexander and Kevin McEvily of the Alexander McEvily law firm

Defendant and Counter-Plaintiff First Interstate Bank of Texas N.A., was represented at trial by John H. Boswell of the Boswell & Hallmark law firm of Houston, Texas. On Appeal, Kevin Dubose joined attorney Boswell.

Allied-West Bank and First Interstate Bank of Texas, N.A. v. Merrill Lynch, Pierce, Fenner & Smith

This case was tried in the United States District Court for the Southern District of Texas.

Allied-West Bank agreed to consolidate several loans other banks had made to George Bolen and his related companies. Bolen together with his Mother and his Father’s Estate owned large amounts Haliburton stock, which he pledged to secure this loan. The stock was held in a Trust account at Merrill Lynch. Allied presented evidence that Merrill Lynch violated the terms of the Trust agreements by allowing Bolen to make cash withdrawals of over $1,800,000 of Haliburton stock which had been pledged as collateral to secure the loan.

Bolen defaulted on his loans and Allied ordered Merrill Lynch to sell the remaining stock which had been pledged to secure this loan, but the stock yielded less than $2 million because Merrill Lynch received all of the money it claimed it was owed, including $400,000 in commissions, before Allied received the remaining proceeds. Bolen then declared personal bankruptcy.

The Jury returned a verdict for Allied on all of its legal theories. Specifically, the Jury found that Merrill Lynch knowingly made misrepresentations and false promises that proximately caused damages to Allied; knowingly converted the property of Allied; knowingly breached numerous contracts with Allied; knowingly breached fiduciary duties that it owed to Allied and caused Allied to incur actual damages of $2,315,982.02.

After the jury returned its verdict in favor of Allied, the Court entered a Judgment Notwithstanding the Verdict (JNOV). The Court then entered a Take Nothing Judgment against Allied and also conditionally granted a Motion For New Trial in the event its JNOV was reversed. Allied and First Interstate timely Appealed.

The Fifth Circuit Court of Appeals vacated the Court’s JNOV and remanded the case with instructions for the Court to reinstate Judgment on the Jury Verdict, including damages in favor of Allied and First Interstate in the amount of $2,315,982.02 and all Pre-Judgment and Post-Judgment interest and all costs. The Fifth Circuit Court of Appeals also vacated the Court’s conditional grant of a New Trial. Defendant Merrill Lynch then paid the Judgment in full.

Plaintiff Allied Bank-West and First Interstate Bank of Texas, Inc., N.A. were represented at trial by John H. Boswell of the Boswell & Hallmark, P.C., law firm of Houston, Texas. On Appeal Kevin Dubose joined attorney Boswell.

Defendant Merrill Lynch, Pierce, Fenner & Smith, Inc., was represented by Deborah Ratliff and Kathy Patrick of the Gibbs & Ratliff law firm of Houston, Texas

David D. Jones, Jr., and Hunter Development, Inc. v. First Interstate BanCorp of Texas, Inc., et al

This case was tried in the 23rd Judicial District Court of Matagorda County, Texas.

Plaintiffs and Defendants had a banking relationship that lasted over a number of years. Defendant Bank made several loans to the Plaintiffs. Plaintiff Jones and the Bank continued to negotiate another loan for Plaintiff Hunter Development. Plaintiff Jones alleged that Defendant Bank wanted a Release of Liability for all claims Jones might have against any Allied Bank or bank officers as a condition of the loan. Jones refused to sign such a Release and filed this lawsuit. The Bank filed a Counterclaim. The Jury answered all questions in the Bank’s favor and awarded the Defendant Bank $541,249.00 on its counter-claim. The Trial Court Judgment that Plaintiffs Take Nothing and the Bank Recover on its’ Counterclaim was affirmed on Appeal.

Plaintiffs and Counter-Defendants David D. Jones, Jr., and Hunter Development, Inc., were represented by J. Ken Nunley of the Soules & Wallace Law Firm of San Antonio, Texas

Defendants and Counter-Plaintiffs First Interstate Bank of Texas, Inc., et al were represented by John H. Boswell of Boswell & Hallmark, P.C. of Houston, Texas.

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CONSTRUCTION DEFECTS
AND DECEPTIVE TRADE PRACTICES

Dan Hartweck and Lisa Hartweck v. PGC Builders, Inc., et al

The case was tried in the 281st District Court of Harris County, Texas.

This was a construction defect case. Plaintiff homeowners sued Defendant, PGC Builders, et al under the Deceptive Trade Practices Act. The Jury answered all fact questions in favor of the Defendants and awarded Defendants’ counsel John H. Boswell $75,000 in attorney’s fees. The Trial Court Judgment that Plaintiffs Take Nothing was affirmed on Appeal.

Plaintiffs Dan Hartweck and Lisa Hartweck were represented by the law firm of W. Emmons.

Defendants PGC Builders, Inc., et al were represented by John H. Boswell of Boswell & Hallmark, P.C. of Houston, Texas.

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ENVIRONMENTAL

Texas Industrial Services, Inc. v. Houston General Insurance Company

This case was tried in the 270th District Court of Harris County, Texas.

Texas Industrial Services, Inc., (TIS) had a large commercial dry cleaning facility in Uvalde, Texas. The facility was destroyed by fire. Large amounts of Perchloroethlene, a well known dry cleaning fluid, was stored on the premises. The Edwards Aquifer underlying the TIS facility was severely contaminated by Perc. TIS was acquired by a Boston company. Its counsel demanded that Houston General Insurance Company (HGIC) pay its policy limits contending that the ground water contamination was caused solely by the fire. HGIC’s investigation revealed that the ground water contamination was caused by prior poor operating practices which allowed large quantities of Perc to be flushed down the drains of the TIS facility into the sewer system for the city of Uvalde for a long period of time, and therefore was not covered under the HGIC policy. TIS’s Boston’s counsels’ legal fees were in excess of $2 million and they sued HGIC for enhanced damages contending a wrongful denial of coverage as well as for all of their attorneys’ fees and litigation costs. After a lengthy jury trial, the Jury answered every fact question in favor of HGIC and against TIS, Inc. A Final Judgment was entered in favor of Defendant Houston General Insurance Company. The case was not Appealed.

Plaintiff Texas Industrial Services, Inc., was represented by Senior Litigation Partners of the Goodwin Proctor law firm of Boston and Steven Andrews of Houston, Texas.

Defendant Houston General Insurance Company was represented by John H. Boswell of the Boswell & Hallmark, P.C., law firm of Houston, Texas.

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INSURANCE

In Re: Estate of Jaime Levy, Deceased, et al v. Jefferson Pilot Financial Insurance Company and Donald Wayne Hunt,, et al

This case was tried in Probate Court No. 4 of Harris County, Texas.

Raquel A. Levy, Individually and as Independent Executrix of her late husband’s Estate filed this law suit against the Defendants Jefferson Pilot Financial Insurance Company and agent Donald Wayne Hunt following the Defendants denial of coverage on a one million dollar life insurance policy. The Jury answered all issues in favor of the Defendants. The Court’s Trial Judgment that Plaintiffs Take Nothing was affirmed on Appeal.

Plaintiff Raquel A. Levy was represented by Jerald David Mize of the Crain, Caton & James, P.C. law firm of Houston, Texas.

Defendant Jefferson Pilot Financial Insurance Company was represented by John H. Boswell of Boswell & Hallmark, P.C. of Houston, Texas.

Defendant Donald Wayne Hunt was represented by Wayne Clawater of the Cruse, Scott, Henderson & Allen, L.L.P. law firm of Houston, Texas.

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OIL AND GAS

C-L, L.P. v. B.P., Inc., et al

This case was filed in the United States District Court for the Eastern District of Texas, Marshall Division.

Plaintiff C-L sued Defendants B.P., et al claiming that it had overpaid for certain leases. B.P., et al filed a Counter-Claim alleging that C-L breached its contractual agreement to purchase other leases from B.P., et al.

After extensive Discovery, portions of the case were compromised and settled at Mediation. Since there is a Confidentiality Agreement, additional information about this case cannot be disclosed at this time.

Plaintiff/Counter-Defendant C-L was represented by Jesse R. Pierce of Jesse R. Pierce & Associates, PC, of Houston, Texas.

Defendants/Counter-Plaintiffs B.P., et al were represented by John H. Boswell of Boswell & Hallmark. P.C., of Houston, Texas.

FMB, III and TR, L.L.C. v. AR, L.L.C., et al

This case was tried in September, 2012 to a AAA Panel in Houston consisting of three Arbitrators.

FMB contended that his longtime business associate, who operated under the name of AR, had committed actionable fraud against him in connection with the sale of certain Oil & Gas leases in East Texas.

Certain portions of this case are still pending. Since there is a Confidentiality Agreement, additional information about this case cannot be disclosed at this time.

Plaintiffs FB and TR were represented by John H. Boswell of Boswell & Hallmark, P.C., of Houston, Texas.

Defendant AR was represented by William Wood of the Fulbright & Jaworski Houston office and Richard Krumholz and Associates from the Dallas office of Fulbright & Jaworski.

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PERSONAL INJURY DEFENSE

Marie Johnson, Individual and as Next Friend of Shaza Madison, Deceased v. Claude Earl Holman, L.R. Dornes and L.R. Dornes Mail Service.

This case was filed in the 58th District of Jefferson County, Texas.

This was a multiple vehicle accident occurring in Beaumont, Jefferson County, Texas. Shaza Madison was killed in this accident and there were other deaths and serious personal injuries. John Boswell was lead counsel for Defendants Holman, Dornes and Dornes Mail Service. After filing focused and appropriate written Discovery and then filing a Motion For Summary Judgment, the Trial Court Judge granted Defendants Holman, Dornes and Dornes Mail Service’s Motion For Summary Judgment and the case was dismissed as to these three Defendants. The case was not Appealed.

Plaintiff Marie Johnson, Individually and as Next Friend of Shaza Madison, Deceased originally retained the services of Brett Thomas of the Bush, Lewis & Roebuck, P.C., law firm of Beaumont and later attorney Linda Cryer of Houston, Texas.

Defendants Earl Holman, L.R. Dornes and L.R. Dornes Mail Service were represented by John H. Boswell of Boswell & Hallmark, P.C., of Houston, Texas.

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PROFESSIONAL MALPRACTICE

Carol Arce, et al v. David Burrow, et al

This case was filed in the 11th District Court of Harris County, Texas.

This was a legal malpractice and fraud case filed by numerous Plaintiffs who were suing their attorneys over settlements for death claims and personal injury claims from a Phillips plant explosion in Pasadena that killed 23 workmen. Defendants’ counsel filed a series of Motions For Summary Judgment which were granted by the Court who held that the Plaintiffs had not shown that their attorneys’ actions had damaged them and therefore mere dissatisfaction of the amounts they received in the settlements was not grounds to maintain this lawsuit.

Following the granting of the Summary Judgments, all Defendants’ counsel, except David Burrow’s counsel, negotiated minimal settlements with the Plaintiffs to avoid the costs and uncertainties of Appeal. Plaintiffs Appealed the Trial Court Judge’s Summary Judgment Ruling against Defendant attorney David Burrow only and that case was ultimately decided by the Supreme Court of Texas.

Plaintiffs Carol Arce, et al were represented by attorney William J. Skepnek.

Defendant F. Kenneth Bailey, Jr., Individually and as a Partner in Umphrey, Burrow, Reaud, Williams & Bailey, a Partnership were represented by John H. Boswell of Boswell & Hallmark, P.C., of Houston, Texas.

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WILLS AND PROBATE

Sherry Lynn Miller v. Rhonda Michelle Nunez, Cynthia “Cindy” Kay Snokhous and Theodore Steven Miller, Jr.

This case was tried in the Probate Court of Galveston County, Texas.

This was a lawsuit filed by Sherry Lynn Miller (Sherry Miller) against her two sisters Rhonda Michelle Nunez (Nunez) and Cynthia “Cindy” Kay Snokhous (Snokhous) Executors of her later Father’s Estate and against her brother Theodore Steven Miller, Jr. (Steve Miller, Jr.). Plaintiff Sherry Miller’s counsel elected to try this case Non-Jury. After hearing all of the testimony, the Probate Court Judge found in favor of Plaintiff Sherry Miller on all of the Plaintiff’s causes of action, and entered an Order removing Nunez and Snokhous as Co-Executors of her late Father’s Estate. The Court also granted actual damages to Sherry Miller and awarded her all of her attorneys’ fees, experts’ fees and all costs.

Plaintiff Sherry Lynn Miller was represented by John H. Boswell of Boswell & Hallmark, P.C., of Houston, Texas.

Defendants Rhonda Michele Nunez, Cynthia “Cindy” Kay Snokhous and Theodore Steven Miller, Jr., were represented by Robert Stanfield of MacIntyre & McCulloch, L.L.P., of Houston, Texas.

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Contact Me

John H. Boswell
908 Town & Country Blvd
Suite 200
Houston, Texas 77024
Office - (713) 650-1600
Fax - (832) 356-2412
Email - john@johnhboswell.com