Litigator of the Week: Long Route to Victory

October 29, 2012 | Articles, Tim Herman

By Miriam Rozen

Texas Lawyer

Tim Herman says it took eight years for his client’s complicated breach-of-contract dispute against Dallas Area Rapid Transit (DART) and the Fort Worth Transportation Authority (The T) to get to trial, but it was worth the wait. In an Oct. 5 final judgment, his client Agent Systems Inc. won $1.41 million — $850,000 in damages plus $566,000 in prejudgment interest.

“It gives us some satisfaction because I’ve been trying to get them into court for years,” Herman, a partner in Austin’s Howry, Breen & Herman, says of DART and The T, both quasi-government agencies.

In its Sept. 24, 2010, amended petition in Agent Systems Inc. v. Dallas Area Rapid Transit, et al., the plaintiff alleged it entered into a 2009 contract with the defendants to produce fare box systems, but the defendants refused to pay for them and for the material necessary for the prototypes.

In its Oct. 2, 2009, answer, The T argued among other things that Agent Systems was barred from recovery “pursuant to the doctrine of the law of the case” and that the statute of limitations barred the plaintiff’s claims. In its March 18, 2008, answer, DART alleged among other things that the court lacked subject matter jurisdiction and that Agent Systems had assumed risk when it produced the fare box systems.

After two weeks of trial testimony, the jury issued a verdict on Nov. 22, 2011, that found the defendants failed to comply with the contract. Jurors awarded Dallas-based Agent Systems $850,000 in damages for the costs to produce the fare box systems. In his final judgment, 236th District Judge Tom Lowe of Tarrant County added $566,000 in prejudgment interest for a total of $1.41 million.

Albon O. Head Jr., a partner in the Fort Worth office of Jackson Walker who represents The T, says his client will continue fighting the plaintiff in court. “We think that the judgment was entered incorrectly,” he says.

DART senior associate general counsel Harold McKeever says the agency will appeal the final judgment. McKeever says the case presented difficulties for both sides because the factual background was based on events that occurred more than a decade ago.

Texas Super Lawyers for Seven Years

June 5, 2012 | Articles, Randy Howry, Sean Breen, Tim Herman

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Texas Supreme Court to weigh in on e-voting

October 12, 2010 | Attorneys, In The News, Tim Herman

News8Austin – The Texas Supreme Court heard arguments Tuesday regarding paperless electronic voting machines.

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HowryBreen in Texas’ Best Lawyers 2009

November 1, 2009 | Articles, Randy Howry, Sean Breen, Tim Herman

Feature article on HowryBreen in Texas’ Best Lawyers 2009. Click here to download the PDF.

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Tim Herman Reunites with HowryBreen

May 1, 2009 | Press Release, Randy Howry, Sean Breen, Tim Herman

For Immediate Release

HowryBreen LLP is pleased to welcome Tim Herman back to the firm in an invaluable Of Counsel position. Tim will continue to actively represent clients full time in many facets of litigation. “No attorney in Central Texas has more courtroom experience than Tim Herman when it comes to trying business, commercial or bet the company type cases. We are ecstatic to have Tim on board with our team and available to our clients,” comments Randy Howry. “Tim’s unmatched reputation and skill as a trial attorney adds even more to the arsenal for our clients and enhances our firm’s ability to win high stake cases,” adds Sean Breen.

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Courtroom Attorneys who can try any case, Tim Herman, Randy Howry and Sean Breen are Recognized by their Peers in Texas and Nationwide for their Successes in Business and Commercial litigation, Intellectual Property litigation, Employment and Labor Litigation, General litigation and Personal Injury litigation.

October 2, 2007 | Press Release, Randy Howry, Sean Breen, Tim Herman

For Immediate Release

Herman Howry Breen partners Tim Herman, Randy Howry and Sean Breen know their way around a courtroom. They are all litigation all the time, with an emphasis on taking cases to trial. Their peers continue to recognize it as the Partners have been chosen once again by their Texas and Nationwide colleagues for two well-known recognitions – the Texas Super Lawyers and The Best Lawyers in America® 2007 (Copyright 2006 by Woodward/White, Inc., of Aiken, S.C.). All three partners were selected as Super Lawyers for the fourth year in a row. Following a statewide survey of attorneys, the Super Lawyer selection process involves an evaluation of all candidates and peer evaluation by practice area with award going to those with the highest point totals. The Texas Super Lawyer publication was included in the October 2007 issue of Texas Monthly magazine. Sean Breen was recognized in the areas of general litigation, business litigation and employment and labor litigation; Randy Howry for business litigation, personal injury plaintiff litigation and general litigation; and Tim Herman for business litigation, general litigation and intellectual property litigation.

Since its inception in 1983, The Best Lawyers in America has become universally regarded as the definitive guide to legal excellence in the United States. Because Best Lawyers is based on an exhaustive peer-review survey in which 24,000 leading attorneys throughout the country cast almost two million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers the most respected referral list of attorneys in practice. For the Best Lawyers in America selection, Sean Breen was recognized for personal injury litigation; Randy Howry for commercial litigation (personal injury and trusts/estates); and Tim Herman for commercial litigation with special emphasis on energy cases.

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