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AREA OF PRACTICE Arbitration and ADR Bankruptcy, Reorganization and Creditors Rights Construction Employment Insurance Litigation - Commercial Litigation - General Real Estate Daryl represents plaintiffs and defendants in trials, appeals, mediation and arbitration. As a trial lawyer, Daryl has successfully obtained favorable judgments for his clients through jury verdicts and bench trials. As a counselor, Daryl has been instrumental in assisting clients in resolving their disputes through mediation-formal and informal. Daryl's practice in commercial, business and general civil litigation includes real estate, construction and employment litigation. He is particularly accomplished in disputes related to real estate and claims against title insurance companies and their insureds. Through a wide variety of representations of clients, Daryl has gained substantial experience in cases involving multiple parties, contracts, fraud, business torts, DTPA, UCC, trade secrets, employer/employee contracts (including non-competes), sexual harassment and other discrimination claims, landlord/tenant, and lien filings, contractors and subcontractors rights and eminent domain / condemnation. Daryl's appellate practice includes a case he argued before the Texas Supreme Court which the Texas Lawyer ranked as one of the top 50 cases that had a significant impact on Texas law. REPRESENTATIVE EXPERIENCE Won verdict on behalf of Stewart Title Company against claims of negligent misrepresentation, conversion and fraud related to closing escrow function in disbursing sales proceeds. Obtained verdict on behalf of mid-size construction company related to claims of concrete slab failure. Obtained $500,000.00 for an Assistant Principal who filed a lawsuit alleging a whistleblower claim, sexual harassment and retaliation claims under State and Federal laws against the largest public school district in the State of Texas. Successfully prosecuted arbitration proceeding on behalf of mid-size oil & gas equipment manufacturer against one of the world's largest oil & gas equipment and service companies. Obtained from Fifth Circuit Court of Appeals in Dallas, Texas, reversal of cross-motions for summary judgment which was rendered to trial court with only issue remaining being award of attorney's fees. Issues related to interpretation of UCC provisions relative to right to payment of "proceeds" on insurance policy after collateral was destroyed by fire. Successfully defended a DTPA and bad-faith claim against a title insurance company which involved complex real property issues and resulted in the successful severance of the real property claim brought by Barbara Piotrowski Minns in her lawsuit against the infamous Richard "Dick" Minns in which a $60 million judgment was entered in favor of Ms. Minns. Successfully obtained affirmation by U.S. Court of Appeals, Fifth Circuit, of a summary judgment rendered by the trial court in favor of defendant real estate partnership. The successful appellate defense of dissolving a temporary injunction which had prohibited a former employee from working for a competitor. Obtained favorable results through writing briefs and orally arguing before the Texas Supreme Court and courts of appeals at the state and federal level as reflected below in the reported cases. Reported Cases Moss v. Tennant, 722 S.W.2d 762 (Tex. App. -- Houston [14th Dist.] 1986, writ ref'd n.r.e.). Ojeda De Toca v. Wise, 748 S.W.2d 449 (Tex. 1988). Manhattan Construction v. Hood Lanco, Inc., et al., 762 S.W.2d 617 (Tex. App. -- Houston [14th Dist.] 1988, writ denied). Martinka v. Commonwealth Land Title Insurance Company, 836 S.W.2d 773 (Tex. App. -- Houston [1st Dist.] 1992, writ denied). First National Petroleum Corp. v. Lloyd, 908 S.W.2d 23 (Tex. App. -- Houston [1st Dist.] 1995, no writ). PROFESSIONAL ACTIVITIES / MEMBERSHIPS / AFFILIATIONS State Bar of Texas (Member: Appellate Section; Construction Section; Labor & Employment Law Section; Litigation Section; Real Estate, Trust & Probate Section). U.S. Court of Appeals (5th Circuit). U.S. District Court (Southern District of Texas). Houston Bar Association (Member: Appellate Section; Construction Section; Labor & Employment Law Section; Litigation Section; Real Estate Section). Texas Land Title Association (Judiciary Committee, Defense Counsel Committee). Daryl's peers have rated his legal abilities from Very High to Preeminent and his general ethics as Very High resulting in an AV rating by Martindale-Hubbell. Listed in Who's Who in American Law. Listed in Who's Who Among Top Executives. PUBLICATIONS / SPEECHES Author, Title insurance - Think of it as a horse of a different color, Volume 36, Number 19, September 16th - 22nd, 2005, Edition of the Houston Business Journal. READ ARTICLE Co-Author and Speaker: "Texas Title Examination" Lorman, 2001, 2002. Co-Author and Speaker: "Title Law in Texas," N.B.I., 1998. EDUCATIONAL BACKGROUND 1979 - B.A., Michigan State University 1986 - J.D., South Texas College of Law
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