Greg Ziegler and Bill Gardner successfully defended an architectural engineering firm sued for multiple millions of dollars arising out of a dispute over a minority sub-consultant who was not selected to be part of a large transportation project.
The suit was originally filed in state court, alleging breach of contract, breach of joint venture, negligent misrepresentation, and promissory estoppel. But Greg Ziegler and Bill Gardner removed the case to federal court, defeated Plaintiff’s motion to remand, and won summary judgment on all claims. Plaintiffs appealed to the Fifth Circuit Court of Appeals, which upheld the summary judgment except on the promissory estoppel claim, finding that the Plaintiff’s affidavit raised a question of fact regarding reliance damages. After remand to the U.S. District Court, Greg Ziegler and Bill Gardner completed additional written discovery, obtained court orders to require Plaintiff to produce evidence of reliance damages, and then took the deposition of the Plaintiff’s corporate representative. The deposition proved so favorable to Macdonald Devin’s architectural engineering client that Plaintiff agreed to dismiss the case with prejudice in lieu of facing another Motion for Summary Judgment and a Motion for Sanctions.