Cases Tried
Commercial Grains v. Southwest Grain Co., Inc. and Corpus Christi Exchange, Inc. v. Pilgrim’s Pride Corporation, Cause No. 5621-96-G, in the District Court of Hidalgo County, Texas, 370th Judicial District. Matthew Nowak and Thomas Stauch successfully defended Pilgrim’s Pride Corporation and its Mexican subsidiary against claims brought by the grain supplier and the international grain broker seeking damages in excess of $50 million. This complex commercial dispute case involved claims for breach of contract, negligence, violations of the DTPA, products liability, negligent misrepresentation, fraud, conversion and civil conspiracy. The jury rendered a defense verdict of $0 damages against Pilgrim’s Pride and awarded Pilgrim’s Pride $613,000 in actual damages against the grain supplier, plus $475,000 in reasonable and necessary attorneys’ fees.
Timothy Wilkinson v. Georgia Pacific; a jury trial in Dallas County, Texas. Matthew A. Nowak represented Georgia Pacific in wrongful death tort case. The case was settled in middle of trial for undisclosed amount.
Venture v. Dal-Tile Corporation, et al; Cause No. 99-CVF-00042-02, in the 111th Judicial District Court of Webb County, Texas. Matthew A. Nowak successfully defended Dal-Tile Corporation and Dal-Tile Mexico S.A. de C.V. in breach of contract and quantum meruit case involving interstate commerce. Plaintiff demanded $100,000, but Mr. Nowak was able to get case dismissed with prejudice on behalf of Defendants and successfully defended judgment on appeal.
Elizabeth and Paul Miller v. Texas Stadium Corporation and Montgomery Kone, Inc.; Civil Action No. 300-CV-1357P, in the United States District Court for the Northern District of Texas, Dallas Division. Matthew A. Nowak successfully defended Texas Stadium Corporation in personal injury action brought by fan who fell off a “run-away” escalator. The plaintiff demanded $150,000, and the jury rendered a defense verdict of no liability.
In the Estate of Mayere Renee Tilmon, Deceased, Marietta Allen, Individually and as Administrator of Estate of Mayere Renee Tilmon, Plaintiff, Milton Ray Tilmon, Intervenor v. Don Carter’s All Star Lanes – West, Ltd. and Schumacker and Co., Inc.; Cause No. 00-4362-P(A) in the Dallas County Probate Court No. 1. Matthew A. Nowak successfully represented Intervenor, Milton Ray Tilmon, in the wrongful death case that was filed after his daughter was trampled to death in a bowling alley. The jury rendered a verdict on behalf of Plaintiff and Intervenor, and the case was later settled for undisclosed amount.
Antonio Gallegos v. Pilgrim’s Pride Corporation; Cause No. 02-1275-A in the 145th Judicial District Court of Nacogdoches County, Texas. Matthew A. Nowak defended Pilgrim’s Pride Corporation, a nonsubscriber, in a general negligence and premises liability action arising from an on-the-job injury. The plaintiff demanded $250,000, and the jury rendered a defense verdict, finding no liability.
Robert McShane v. Pilgrim’ Pride Corporation and Andy Barrett; Cause No. 16921-2000 in the 145th Judicial District Court of Nacogdoches County, Texas. Matthew A. Nowak successfully defended Pilgrim’s Pride Corporation and its driver in personal injury action involving an 18-wheeler truck accident. The plaintiff demanded $1,250,000, and the jury rendered a defense verdict, finding no liability.
Susan Hunt v. Pilgrim’s Pride Corporation; Cause No. 01-8039-I, in the 162nd Judicial District Court of Dallas County Texas. Matthew A. Nowak successfully defended Pilgrim’s Pride Corporation in personal injury action involving an 18-wheeler truck accident. The plaintiff demanded $250,000, and the jury rendered a verdict, awarding the plaintiff only her past medical expenses in the amount of $18,933.
Sean Lonergan, et al v. A.J.’s Wrecker Service of Dallas, Inc., et al; Civil Action No. 3:97-CV-1311-D, in the United States District Court, Northern District of Texas, Dallas Division. Matthew A. Nowak represented the plaintiff in a class action involving improper damages against towing companies that had violated city ordinances and state statutes with regard to towing and storage fees. The class action was successfully settled.
Omnibus International, Inc. v. Dallas Cowboys Football Club, Ltd., et al; Cause No. 00-00808, in the 192nd District Court, Dallas County, Texas, class action against Dallas Cowboys involving blast faxes. Matthew A. Nowak represented Dallas Cowboys Football Club, Ltd. in hundred million dollar class action lawsuit in which the plaintiff claimed unsolicited facsimile advertisements were sent to consumers in violation of 47 USCA Section 227 (“Telephone Consumer Protection Act”) and Section 35.47 of the Texas Business Commerce Code. Mr. Nowak argued and won summary judgment for the Dallas Cowboys, resulting in favorable class action settlement.
Thomas W. Fain, et al v. State Industries, Inc.; in the 18th Judicial District Court of Johnson County, Texas. Matthew A. Nowak represented Defendant State Industries in multi-million dollar class action lawsuit in which the plaintiffs alleged certain polymer-lined tank water heaters were defective.
Rafael Contreras v. Pilgrim’s Pride Corporation, Cause No. 2004-515. In the District Court of El Paso County, Texas, 327th Judicial District. Matthew A. Nowak defended Pilgrim’s Pride Corporation, a nonsubscriber, in a premises liability and general negligence action arising from an on-the-job injury. After the verdict was rendered, the parties settled for an undisclosed amount.
Jerrod Young v. Pilgrim’s Pride Corporation, Cause No. 31710, in the District Court of Titus County, Texas, 76th/276th Judicial District. Matthew A. Nowak successfully defended Pilgrim’s Pride Corporation, a nonsubscriber, in a general negligence action arising from an on-the-job injury. The jury rendered a defense verdict, finding no liability.
Ranger Fire, Inc. v. Emerson Construction Company, Inc. and Western Surety Company, Cause No. 220264B, in the District Court of Bell County, Texas, 146th Judicial District. Matthew A. Nowak successfully tried a commercial construction dispute to a jury in which the jury found for his client, the subcontractor, and awarded damages and attorneys’ fees of approximately $400,000. Mr. Nowak then defended this verdict on appeal before the Third Court of Appeals, which affirmed the jury’s verdict.
Dong Huynh v. Richard Haynes, Richard Haynes & Associates, P.C., Walter A. Boyd, III, and Haynes, Boyd & Associates, P.C., Cause No. 2009-80567, in the District Court of Harris County, Texas, 11th Judicial District. Matthew A. Nowak tried a breach of fiduciary duty, breach of contract and violations of the Texas Theft Liability Act against the legendary trial lawyer – Richard “Racehorse” Haynes. The jury found that Mr. Haynes’ law firm had breached its fiduciary duty, resulting in a partial fee disgorgement.
American Steam, Inc. v. Pilgrim’s Pride Corporation, Cause No. 219-02498-01, in the District Court of Collin County, Texas, 219th Judicial District. Matthew A. Nowak defended Pilgrim’s Pride Corporation before a jury in a breach of contract and breach of warranty action.
State of Texas v. _________, Cause No. 006-82818-2012, in the County Court at Law No. 6, Collin County, Texas. Matthew A. Nowak successfully suppressed blood test results in a DWI case, and then tried and won a defense verdict before a jury on behalf of his client.
Gabriel Acuna v. Pilgrim’s Pride Corporation, Arbitration, Case No. 71 160 00126 07, before the American Arbitration Association. Matthew A. Nowak defended Pilgrim’s Pride Corporation, a nonsubscriber, in a premises liability and general negligence action arising from an on-the-job injury. Mr. Nowak was able to sue the manufacturer of the freezer involved in the incident and reduced Pilgrim’s damages in the process.
Janet Riley on behalf of the Estate of Johnny Riley, deceased, Arbitration, JWA No. 632-A2011, before the Judicial Workplace Arbitrations, Inc. Matthew A. Nowak successfully defended Pilgrim’s Pride Corporation, a nonsubscriber, in a general negligence and gross negligence action arising from an on-the-job injury. The arbitrator awarded only a total of $22,000 – or 5% of the damages sought.
