Practice Areas

Environmental Litigation

On February 13, 2015 / Practice Areas, Tort Claims

Caddell & Chapman represents individuals, environmental groups, and Indian tribes nationwide in environmental litigation.

Since our foundation in 1985, our lawyers have made a point of focusing on significant cases. We take on cases that involve a high level of complexity and call for a serious commitment of resources. We have proven our strength by achieving an impressive record of success in these cases.

For instance, Caddell & Chapman secured an $11.5 million settlement on behalf of its client, the sovereign Quapaw Tribe of Oklahoma against ASARCO LLC, a mining company.

The Quapaw claimed that ASARCO’s mining activities caused natural resource and subsidence damages to the Quapaw’s historic reservation. The Quapaw’s land is located on the largest Superfund Site in the nation – the Tar Creek Superfund Site – consisting of 40 square miles of Northeastern Oklahoma. Lead and zinc mining activities over several decades left the Quapaw’s land riddled with over 300 miles of underground tunnels, over 1,320 mine shafts, and thousands of drill holds. Mining tunnels and shafts have collapsed or are at risk of collapsing resulting in a subsidence problem that has damaged the Quapaw’s land, homes, and buildings.

To date, there have been over 119 subsidence events in this area. Over 34 million tons of toxic mining waste called tailings or chat, much of which is piled in large hills, also remain on the Quapaw land. Hazardous mining waste, such as lead, cadmium, zinc, and sulfuric acid have polluted the Quapaw’s soil and surface water and destroyed or damaged much of the Quapaw’s natural resources. The settlement was approved by the bankruptcy court in Corpus Christi, Texas on January 29, 2008.

Caddell & Chapman also defeated motions for summary judgment brought by other defendants and recovered an additional $8.856 million for the Quapaw Tribe against various other mining defendants and the BNSF railroad.

No matter how big the opponent may seem, you can be confident in our ability to take them on.

Getting Compensation for Environmental Damage

We can handle all types of environmental litigation, including lawsuits against businesses involving:

Water contamination claims under the Clean Water Act
Air pollution claims under the Clean Air Act
Claims of natural resource damage
Claims of property damage caused by environmental law violations

The goal of environmental litigation is not only to force businesses to clean up and discontinue pollution, but to obtain compensation for any illness, injury or property damage caused.

We can represent individuals in these claims. We can represent Indian tribes. We can represent environmental groups, such as the Sierra Club. We can also represent entire neighborhoods in class action lawsuits.

Individuals, Environmental Groups and Indian Tribes: Tell Us About Your Dispute

To discuss our approach to environmental litigation and how it can benefit you, contact us today.

Attorneys: We Can Assist With Environmental Litigation

Our law firm is willing to put our experience to work for the benefit of your client. Contact us today.

Intellectual Property Litigation

On February 13, 2015 / Commercial Litigation, Practice Areas

If you believe that your business has been the victim of patent or trademark infringement, you have the right to take action.

If your business has been named in a lawsuit, with another business claiming you violated its patent or infringed upon its trademark or license agreement, you have the right to defend it.

At the law firm of Caddell & Chapman, our attorneys are willing to stand up to the strongest opponents in order to get results for our clients. Caddell & Chapman successfully litigated a commercial disparagement, defamation, and unfair competition case against a major U.S. corporation in which the firm ultimately settled issues of trade secrets, patent infringement, and future lost profits. Moreover, the firm was successful in obtaining a substantial recovery in another trade secrets case against a Fortune 500 company after the firm reversed a trial court summary judgment on appeal and successfully defended a counter suit for anti-trust tying at trial in federal court. We can be aggressive, and we know that is what is often required to resolve an intellectual property dispute.

Protecting What Makes Your Business Unique

Intellectual property can play a significant role in making one business stand out from the next. A patent can allow a business to produce an item that no other business can replicate. A trademark can make an item stand out from the countless others that may be available to consumers.

Our lawyers are willing to be aggressive in order to protect the patents and trademarks that make our clients stand out from the rest. We are willing to stand up to major businesses, using our two decades of experience to level the playing field.

We also handle disputes over trade secrets, which are a unique type of intellectual property.

Representing Businesses Throughout the United States

Based in Texas, our law firm Kenneth S. Nugent has the ability to represent businesses on a nationwide basis.

From one courtroom to the next, we are able to put effective legal strategies into play to protect our clients against even the biggest opponents.

Business Disputes

On February 13, 2015 / Commercial Litigation, Practice Areas

What does it take to achieve a successful outcome in a business dispute?

At the law firm of Caddell & Chapman, we believe that many factors are required to achieve success. Creativity is only one of them, but it is an important one.

Our attorneys are willing to be creative. We do not paint by the numbers. We use innovative legal arguments in order to get results for the businesses we represent.

While we are creative, we do not experiment at the expense of our clients. Our experience means we understand the importance of carefully planning every step to ensure it is a step in the right direction.

Breach of Contract Claims

Our attorneys are experienced in handling breach of contract claims on behalf of business who have been wronged. If your business suffered because a counterparty failed to live up to its promises, contact us. Our reputation is built on our ability to walk into any courtroom and achieve our client’s goals, even when facing large, multinational businesses.

Business Fraud Claims

In some cases, there may be allegations of blatant misrepresentation. A business may have been sold by telling the buyer that the profitability of the business was much higher than it actually turned out to be.

These issues may involve fraud in the inducement, cases in which one party promised an extra-contractual benefit that they did not fulfill.

Our Success in Commercial Disputes

In a 1998 partnership entered into between Tetco Stores, L.P., Spot Services L.P., and Mobil Oil Corporation, there was an alleged breach of contract and fraud with respect to the marketing of fuel in Texas. Caddell & Chapman represented Tetco Stores, L.P. and Spot Services L.P. against Exxon Mobil Oil Corporation in this commercial dispute. After a five-week trial in San Antonio, Texas, the jury awarded $31.4 million in breach of contract damages to Tetco Stores and $2.2 million in fraud damages to Spot Services. According to Verdict Search, the $33.3 million verdict was the 10^th largest verdict in Texas in 2006 and the 52^nd largest verdict in the United States.

Caddell & Chapman was also involved in a national class action commercial fraud and antitrust price fixing case involving the metal building insulation industry, which resulted in a $1.7 million cash settlement without any objections from the class.

Representing Businesses Nationwide

From our office in Houston, we represent businesses throughout the United States in commercial disputes.

Since our establishment in 1985, we have made a point of leveling the playing field by taking on major opponents and walking away with positive outcomes for our clients.

Defective Computers & Electronics

On February 13, 2015 / Class Actions, Practice Areas

If you have purchased a defective computer or electronic equipment, you may be able to take legal action to seek compensation for financial damages suffered in your quest to repair or replace the product.

Types of Computer Defects

Computers are complex electronic devices. Defects can come in many forms. Some signs include:

Constant reboots
Persistent crashes
Screen flickers and other screen problems
Battery problems
Hard drive problems
Mother board issues

Defective computers can come from any manufacturer, including Apple, Dell, Sony and Toshiba. Caddell & Chapman was successful in leading a nationwide class action lawsuit filed against Toshiba America Information Systems, Inc. for alleged defects in the Toshiba Satellite® A70, A75, M30X, and M35X notebook computers, which contained a system defect that caused them to freeze, reboot and/or crash, shut down and/or lock-up with a black screen due to static electricity. Following a multitude of consumer complaints, Caddell & Chapman was successful in obtaining a nationwide settlement for the class of over 869,000 consumers. Moreover, after obtaining final approval from the Los Angeles Superior Court on May 31, 2007, an impressive 66,906 warranty claims had been fulfilled by Toshiba.

Frequently, these defects impact more than a single computer. If you have researched the problem online and have learned that other people have experienced the same issues you have, there may be a defect that impacts all computers of a certain model.

In many cases, a warranty may have been issued. Even if the manufacturer repairs the computer according to the warranty, there may still be costs suffered, and it is a major inconvenience.

When You are Not the Only One Who was Sold a Bad Computer

At Caddell & Chapman, our attorneys offer nationwide representation in defective computer disputes. We have more than two decades of experience and have focused our practice specifically on handling significant cases that impact multiple consumers.

When you contact us about your defective computer case, we will do the research. We will find out how many people have been impacted by the same defect.

If we file a class action lawsuit, our goal is to get compensation for you, as well as for everyone who bought the same bad computer that you did.

Consumer Fraud Claims

On February 13, 2015 / Class Actions, Practice Areas

“I’ve been cheated.”

Have you found yourself saying those words after you purchased a product or service?

People who have been defrauded by businesses may be able to take legal action in order to get compensation for the damages suffered because of the company’s wrongdoing.

Types of Consumer Fraud

Consumer fraud can come in many forms. It can be obvious, such as selling a product that doesn’t do what it’s supposed to do. It can be devious, such as mislabeled products or hidden charges on credit card bills. For example, Caddell & Chapman was Co-lead Counsel in a national class action against McDonalds concerning its claim that its French fries were fried in all-vegetable oil. In reality, McDonald’s restaurants in the U.S. continued to serve french fries and hash browns that were cooked using flavoring derived from beef. Many Americans have deep convictions—religious, moral or otherwise—against eating food that contains beef. Caddell & Chapman brought a class action against McDonald’s seeking to halt this deceptive practice and seeking restitution and a corporate apology. Judge Seibel of the Cook County Circuit Court in Illinois granted final approval to a proposed settlement in this class action, which provided for a published apology (McDonald’s acknowledged that “meat flavoring” was added to its french fries when they were parboiled at the factory), $10 million in contributions to affected groups, a disclosure commitment, creation of a consumer advisory board, attorney’s fees of $2,465,000, and expenses of $85,000.

Consumer fraud cases can also involve defective products. The real fraud isn’t that a company sold a defective product. The real fraud is when a company continues to sell a defective product after they have become aware of the problems with the product. This issue has arisen frequently with defective computers.

Consumer fraud cases can also involve a billing issue of some sort. These situations can also involve anything from unauthorized billing to hidden charges on a cable or cell phone bill.

You May Not be the Only One Who Has Been Victimized

The lawyers at Caddell & Chapman have more than two decades of experience handling nationwide consumer protection cases, such as those involving businesses engaging in deceptive and fraudulent practices.

When a business victimizes one customer, they often victimize many customers. When you contact us about your case, we will immediately determine whether other people have been hurt by the same actions.

If they were, we will pursue a class action lawsuit. We will seek compensation not only for you, but for every consumer who has suffered damages because of the fraud.

Security Breaches and Identity Theft

On February 13, 2015 / Class Actions, Consumer Privacy, Practice Areas

Have you been the victim of identity theft? Do you believe that your personal information was taken due to a security breach on the part of a bank, an insurance company or some other business that was supposed to keep that data safe?

Identity theft can be costly, but you may have the right to pursue action against the business or the data warehouse that was tasked with keeping your information safe. You may be able to obtain compensation for the losses you have suffered.

How Identity Theft Happens

While there are certainly individual cases of identity theft in which a criminal gets access to someone’s personal information, perhaps more common are cases of mass security breaches that allow the personal information of many people to fall into the wrong hands.

Initially, it is reasonable to hold the bank, insurance company or other business that gathered the information accountable.

In actuality, these businesses are often victims as well. They enlist data warehouses to hold all of their customers’ personal information. When these warehouses fail to keep that information secure, the business will have to pay all the costs of cleaning up the mess, which may include reissuing credit cards and more.

Security Breaches Impact More Than One Person

At the Texas law firm of Caddell & Chapman, our attorneys have more than two decades of experience handling significant consumer protection cases on a national level.

Our first step is to determine how many people were impacted by a security breach. Our goal is to file a class action lawsuit to compensate you for identity theft and compensate everyone else who suffered due to the same error.

We also represent banks that are victims in security breach cases, putting our experience to work to hold data warehouses accountable for identity theft issues. For example, we served as co-lead and liaison counsel in litigation against Heartland Payment Systems over the largest data breach in history — over 130 million consumer files. Heartland processes payment card transactions for about 250,000 merchants and handles an average of more than 100 million transactions per month and more than $80 billion in transactions a year. Heartland provides merchants with the ability to accept debit and credit cards as payments by connecting the merchants’ card terminals with the card issuer to verify the transaction, and then moving the funds from the issuing bank to the merchant’s band account. In late January 2009, Heartland admitted that it had a massive security breach resulting in the compromise of up to 100 million credit card numbers resulting from a break into Heartland’s systems, perhaps as early as May 2008. Software that was used to steal card data was implanted into Heartland’s systems. As a result of this breach, confidential information regarding Plaintiffs’ customers and the credit card accounts Plaintiffs’ established for its customers was compromised.

Defective Products

On February 13, 2015 / Class Actions, Practice Areas, Tort Claims

Did you purchase a product, only to take it home and find that it did not do what it was supposed to do? Did you try to return it, only to get no help from the place you bought it from? Have you unsuccessfully tried to deal directly with the manufacturer?

Did the defective product cause harm to you or a member of your family, resulting in medical expenses and other costs?

Businesses should be held accountable when they sell defective products. Consumers have the right to file lawsuits when they have been victimized by these businesses.

When Products are Defective

Product defects can come in many forms. They are extremely common in computers and other electronics, from big screen televisions to car stereos. For example, Caddell & Chapman led a nationwide class action lawsuit filed against Toshiba America Information Systems, Inc. for alleged defects in the Toshiba Satellite®, A70, A75, M30X, and M35X notebook computers, which contained a system defect that caused them to freeze, reboot and/or crash, shut down, and/or lock-up with a black screen due to static electricity. Following a multitude of consumer complaints, Caddell & Chapman was successful in obtaining a nationwide settlement for over 869,000 consumers. Moreover, after obtaining final approval from the Los Angeles Superior Court on May 31, 2007, an impressive 66,906 warranty claims had been fulfilled by Toshiba.

Product defects can occur in cars, automotive products, and more. They can involve minor glitches that are costly to fix, or they can involve complete failure to function. For example, Caddell & Chapman was Lead Counsel in a nationwide multidistrict litigation class action against Ford consolidating 35 cases from around the country concerning its 6.0-liter PowerStroke diesel engines. In 2013, Caddell & Chapman obtained partial reimbursement for post-warranty engine repair costs on behalf of over 1 million current and former owners of Ford vehicles equipped these engines. Caddell & Chapman was also involved as co-lead counsel in a class action — which encompassed some 1.2 million class members — against Honda for a defective suspension that caused irregular tire wear in 2006-2007 Honda Civics and certain 2008 Honda Civic Hybrids. On October 28, 2013, Caddell & Chapman received final approval from the U.S. District Court for the Central District of California, which settlement provided replacement of allegedly defective control arms in the class vehicles, as well as partial reimbursement for tires replaced due to premature tire wear.

Many times, these product defects are things that the manufacturer was aware of. Still, the manufacturer let the product into the market, allowing consumers to buy it. This is unacceptable and can rise to the level of consumer fraud.

When Defective Products Cause Harm

A product that doesn’t work is one thing. A product that causes harm because of a defect is something else entirely.

Product liability lawsuits can be filed to seek compensation when a defective product causes personal injury or wrongful death.

Defective Products Impact More Than One Person

The lawyers at the law firm of Caddell & Chapman have more than two decades of experience handling defective products cases on a nationwide basis.

When we learn about a defective product case, the first thing we do is go to work reviewing the situation to determine how many consumers were impacted. Frequently many consumers were affected.

When that occurs, we will file a class action lawsuit seeking compensation for you and all other consumers who suffered damages due to the manufacturer’s negligence.

Fair Credit Reporting Act

On February 13, 2015 / Class Actions, Consumer Privacy, Featured Practice Area, Practice Areas

Do you believe that there has been an error on your credit file which has negatively affected your credit score? Has this error caused you to be denied credit? Has it brought on higher interest rates or increased insurance premiums?
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Do you believe that there has been an error in your background information that has caused you to be denied employment or to be terminated from your job?

These errors should not happen. They are clear violations of the Fair Credit Reporting Act (FCRA). You have the right to seek compensation for the damages caused by these credit reporting and background check errors.

Unsurpassed FCRA Experience

Caddell & Chapman has served as lead or co-lead counsel in some of the largest FCRA class actions in history, including:

a case that recovered $100 million on behalf of consumers whose confidential financial information was used to create and sell “target marketing” lists to advertisers;
a ground-breaking settlement that changed the way the debts of consumers who have filed for Chapter 7 bankruptcy are reported nationwide; and
a settlement that will give every adult in the United States the right to view and correct information being collected about them by one of the nation’s largest data brokers.

No matter how big the case, we can help.

Common Credit Reporting Errors

Some of the most common types of errors on credit reports provided by credit reporting agencies—including Experian, Equifax, and TransUnion—is the reporting of debts that are not actually owed or that are owed by someone else. Also common is the reporting of debts older than 7 years, which by law must be removed from your report. You can visit our review site about debt consolidation. If you have experienced inaccurate reports that damage your credit, contact us to investigate.

Criminal Background Check Errors

Many common criminal background check errors involve merged files. This happens when the files of two people with the same name are merged together. If one has a criminal record, it will show up in the other’s background check, regardless of the fact that the two people have different birth dates and Social Security numbers. Caddell & Chapman was co-lead counsel in one of the largest ever class action recoveries involving criminal background checks. For those seeking to clear their criminal record, also called expungement Michigan law requires meeting several important conditions.

Know Your Rights

If you were denied housing or a job based on negative information in your credit report, you have a right to see a copy of that report and dispute the information. If companies willfully fail to comply with these FCRA provisions, you may be entitled to statutory damages of $100-$1,000 per violation.

If it Happened to You, it May Have Happened to Someone Else

At the law firm of Caddell & Chapman, our attorneys have more than a decade of experience handling significant FCRA class actions on a nationwide basis.

When you contact us to review your credit report dispute, we will thoroughly review it whether other people have been impacted as well.

If that is the case, we will pursue a class action lawsuit to seek compensation for everyone who has suffered damages due to the same act of wrongdoing.

Qui Tam / False Claims Litigation

On February 13, 2015 / Featured Practice Area, Practice Areas, Whistleblower Claims

Whistleblower claims under the False Claims Act for fraud against the government

The False Claims Act (FCA) allows an individual to file a lawsuit against another individual or business that has committed an act of fraud against the United States government, whether directly or indirectly. Examples of fraud may include Medicare fraud, Medicaid fraud, or military defense fraud. These lawsuits are called “qui tam” lawsuits.

A qui tam lawsuit is often filed by an employee or former employee of a business that has defrauded the government. However, other individuals can also file a qui tam lawsuit if they have evidence of fraud against the government.

The law firm of Caddell & Chapman represents whistleblowers throughout the state of Texas and nationwide. For example, we recovered $55 million paid to the United States Government and a confidential amount for attorneys’ fees in health care fraud litigation against Da Vita, one of the nation’s largest dialysis treatment providers. This was one of the largest recoveries in history in a non-intervened qui tam case. We have in-depth knowledge of the False Claims Act and can guide you through the legal process while protecting your confidentiality. Contact us to discuss your potential claim.

Pursuing a Qui Tam Lawsuit Under the False Claims Act – The Whistleblower’s Role

Do you have information about an individual, company, military defense contractor or corporation that has committed fraud against the government? You may be frightened and unsure of what to do. However, it is important to know that if you choose to come forward with information, you are protected by state and federal whistleblower laws. And you can maintain your confidentiality throughout the legal process. Our firm can help you identify a course of legal action and protect your rights along the way. Whistleblowers may be eligible for compensation for reporting fraud, which can be up to 25 percent of the amount recovered.

Coming Forward With Information

As someone with information about fraud against the government, it can be difficult to know where to turn. You may fear retaliation by the person or party that you are exposing. You may be overwhelmed by the thought of coming forward with such critical information.

You do not have to face the process alone. An experienced whistleblower defense attorney can explain the process and help you determine a course of legal action. You may be entitled to significant compensation for reporting the act of fraud by an individual, business or other party. Additionally, your rights are protected by laws. Your employer cannot retaliate against you for reporting the act of fraud.

Working with an attorney who fully understands whistleblower law and the False Claims Act is important when coming forward with information. This is a very complex and detailed area of the law. We represent whistleblowers in Texas and nationwide. To speak to an attorney confidentially about your potential case, please fill out our online contact form or call 713-751-0400 or toll free at 877-553-3057.

Find out more about these related topics:

Contact an Experienced Attorney for Whistleblower Protection

Whether you are an employee, former employee, or other individual who wishes to pursue a whistleblower claim, you should speak to an experienced attorney who can explain your options and guide you through the legal process. For more information about reporting an act of fraud against the government and to learn what protections are available to you, the whistleblower, please contact our law firm today.

Commercial Litigation

On February 13, 2015 / Commercial Litigation, Featured Practice Area, Practice Areas

Attorneys Handling Complex Commercial Litigation Nationwide

From our office in Houston, the law firm of Caddell & Chapman handles complex business litigation nationwide.

Since our establishment in 1985, our attorneys have been dedicated to handling significant cases, cases that present challenges that require a great deal of strength to overcome. We have earned a record of success representing clients against big companies, such as Exxon Mobil and Chase Bank. For example, Caddell & Chapman represented Tetco Stores, L.P. and Spot Services, L.P. against Exxon Mobil Oil Corporation in a breach of contract and fraud lawsuit to market fuel in Texas. After a five-week trial in San Antonio, the jury awarded $31.4 million in breach of contract damages to Tetco Stores and $2.2 million in fraud damages to Spot Services.

Regardless of how challenging you believe your case to be, you can be confident that our law firm can handle it.

Overcoming Challenges to Get Results for Our Clients

We represent businesses of all sizes, frequently stepping in to balance the playing field when the opponent is an international company with extensive resources at its disposal. We step in to represent businesses in all types of complex commercial litigation, including:

Our focus is specific: What we do is resolve complex business disputes. We resolve the most difficult cases, using our knowledge to get solutions. For example, Caddell & Chapman handled a major construction defect case involving a new $100 million 31-story condominium tower at South Padre Island in Texas. Representing the owner, Caddell & Chapman successfully handled multi-party claims/issues which will result in implosion of the tower and return of the cleaned-up site free of liens and claims to the owner.

Businesses: Tell Us About Your Dispute

Business litigation can arise in many ways. If you wish to file a lawsuit or a lawsuit has been filed against you, contact us today.

Attorneys: We Can Assist With Complex Commercial Litigation

These disputes can become complex quickly. If you need assistance from a law firm with a history of results taking on big opponents in the most challenging cases, we can help. Contact us today.