Federal Judge Awards $180,000 in Costs Against Weisberg and Meyers for Prosecuting a Lawsuit Without Merit Against an Auto Manufacturer

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Jeff Patterson, Giovanna Tarantino Bingham, and Abby Foreman, attorneys at Hartline Dacus Barger Dreyer LLP, recently obtained an Order of Costs in favor of an automobile manufacturer against a national plaintiff’s consumer law firm in the amount of $180,000.

This is only the latest of a series of judicial findings against Weisberg and Meyers across the country.

HDBD attorneys Jeff Patterson, Giovanna Tarantino Bingham, and Abby Foreman successfully defended an automobile manufacturer in a case that alleged violations of the Texas Deceptive Trade Practices Consumer Protection Act (DTPA) breach of express and implied warranties and breach of contract. According to official documents, the plaintiff, represented by Weisberg and Meyers, sued the automobile manufacturer after experiencing electrical problems.

According to court documents, a few months after the suit was filed, manufacturer discovered a third party had improperly installed an aftermarket accessory which caused the electrical failures. However, the Plaintiff refused to dismiss the action against the automobile manufacturer and instead joined the finance company, the dealer, and the third party installer. Two of the defendants settled, and the Court ordered the proceeds held in the registry of the Court for the manufacturer’s counterclaim.

After the plaintiff refused to drop the case, the manufacturer filed a counterclaim for maintaining a frivolous lawsuit under the DTPA. After four years of litigation in the U. S. District Court for the Southern District of Texas, the Court ruled that the aftermarket accessory caused the vehicle’s electrical problems, according to court documents.

The Court also stated that the Plaintiff’s expert, Stephen Weaver, who wrote hundreds of reports each year for clients of Weisberg and Meyers, had “unverifiable, biased, subjective, and unscientific opinions” about the case.

Consistent with court documents, HDBD’s client was awarded $180,000.00 in attorneys’ fees and costs. According to Jeff Patterson, Managing Partner of HDBD, “Judge Hughes did the right thing here and he gave fair warning early in the case. Our client refused to pay extortion to a firm that engages in abusive litigation tactics. This is only the latest of a series of judicial findings against Weisberg and Meyers across the country. I hope more judges will have the backbone to recognize vexatious litigation, and protect innocent defendants in the future.”

Hartline Dacus Barger Dreyer LLP is a Texas-based law firm specializing in civil litigation and trials, with offices in Dallas, Corpus Christi and Houston. The firm’s attorneys pride themselves on providing uncompromising excellence to their clients in a variety of areas, including products liability, commercial litigation, class action and multidistrict litigation, intellectual property, personal-injury defense, premises liability, labor and employment, insurance coverage, healthcare, construction, and dealer/franchise litigation. For more information about HDBD, visit http://www.hdbdlaw.com.

SOURCE: Hartline Dacus Barger Dreyer LLP
CAUSE/CASE NO: Civil Action 4:10-cv-04865
COURT: U.S. District Court; Southern District; Houston
JUDGE: Lynn Hughes

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Jeffrey S. Patterson

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