Jim Pennington was selected as one of the community's premier attorneys in the area of professional liability litigation. D Magazine published its list of "Best Lawyers in Dallas," selecting the best attorneys in Dallas in various categories. The list is based on nominations and voting by other attorneys in the Dallas area. A panel of lawyers then reviews the nominations in order to select the … [Read more...]
Jim Pennington Voted One of Dallas’ Best Lawyers in 2018
Jim Pennington has been selected as one of the community's premier attorneys in the area of professional liability litigation. D Magazine recently published its list of "Best Lawyers in Dallas," selecting the best attorneys in Dallas in various categories. The list is based on nominations and voting by other attorneys in the Dallas area. A panel of lawyers then reviews the nominations in order to … [Read more...]
Anti-Fracturing Rule Bars Certain Claims
The Dallas Court of Appeals recently addressed the anti-fracturing rule in Parsons v. Queenan, 2017 WL 360673 (Jan. 23, 2017). The anti-fracturing rule prevents plaintiffs from converting negligence claims against an attorney (legal malpractice) into other claims such as fraud, breach of contract, breach of fiduciary duty, or DTPA violations. Id. at *3. The rule was created to … [Read more...]
Lawyers Who Sue Lawyers
According to an article in the November 2016 edition of Texas Lawyer, “lawyers who sue other lawyers may not be the most popular in a roomful of gladhanding attorneys, but several veterans said they either have not experienced much negativity from others in the bar, or they consider criticism part of the territory.” In the article entitled “Lawyers Who Sue Lawyers Win Thanks and Derision”, Jim … [Read more...]
Breach of Fiduciary Duty or Professional Negligence?
In Starwood Management LLC v. Swaim, the Dallas Court of Appeals recently discussed whether a claim for breach of fiduciary duty was actually a claim for professional negligence. Starwood Management LLC v. Don Swaim and Rose Walker, L.L.P., 2016 WL 865305 (March 7, 2016). In that case, Starwood alleged that its attorneys were negligent in representing Starwood and that the attorneys breached their … [Read more...]
Jim Pennington voted one of Dallas’ Best Lawyers in 2016
Jim Pennington has been selected as one of the community’s premier attorneys in the area of professional liability litigation. D Magazine recently published its list of “Best Lawyers in Dallas,” selecting the best attorneys in Dallas in various categories. The list was based on nominations and voting by other attorneys in the Dallas area. A panel of lawyers then reviewed the nominations in order … [Read more...]
Lawyer failed to advise client of settlement offer
Obtained a confidential settlement on behalf of a client against his former attorney in connection with the mishandling of a lawsuit against the client. The client was sued by one of his employees and his lawyer failed to properly handle the defense of the case and failed to properly advise the client regarding settlement of the lawsuit. As a result, the employee obtained a judgment against the … [Read more...]
Client not liable for promissory note
Obtained summary judgment on behalf of a client who was sued under a theory of promoter liability for entering into a business transaction before his company was formed. The other party involved in the business transaction attempted to hold my client personally liable for a promissory note because my client did not create the company named in the promissory note prior to executing the note. … [Read more...]
Trial of breach of contract case in federal court
On January 25, 2016, I tried a breach of contract case in the U.S. District Court of the Northern District of Florida. The case involved the breach of a $26 million loan participation agreement between two banks. The court granted partial summary judgment in favor of my client on liability and found the other bank breached the loan participation agreement. The case went to trial on damages and … [Read more...]
JIM PENNINGTON VOTED ONE OF DALLAS’ BEST LAWYERS IN 2015
Jim Pennington has been selected as one of the community’s premier attorneys in the area of professional liability litigation. D Magazine recently published its list of “Best Lawyers in Dallas,” selecting the best attorneys in Dallas in various categories. The list was based on nominations and voting by other attorneys in the Dallas area. A panel of lawyers then reviewed the nominations in order … [Read more...]
