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$531,001.00 Jury Verdict in favor of Plaintiff in Defamation Suit

Brown v. Faseler:  Robin Brown, LPC brought a libel suit against Terry Faseler for falsely posting on FaceBook and on CitySearch.com that Brown’s license to practice in Texas as an LPC was revoked. Brown had never had any discipline, ever, however, and the words were false. In a two-day, three witness trial to a jury, the jury found that Faseler had libeled Brown and awarded $535,001.00 to compensate Brown for injury to reputation, past lost earning capacity, future lost earning capacity, and mental anguish, past and future. The award is reported by “TopVerdict” to be the third-highest defamation award by a jury in Texas for 2017.   

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$121,834.42 Arbitration Award in favor of Client in Suit for Legal Fees

Amsberry v. Salazar:  $121,834.42 Arbitration Award in favor of Client in Suit for Legal Fees:  Attorney Russell Amsberry sued his client, Alejandra Salazar for attorneys’ fees allegedly earned in her divorce action.  Amsberry sued for a contingent fee based on a contingent fee agreement entered shortly before mediation, after being paid hourly fees of $56,136.82 pursuant to an hourly fee agreement.  Amsberry requested Salazar to enter a contingent fee agreement at a time when, according to Salazar, there was a $2 Million offer from Salazar’s husband.  Salazar counterclaimed for breach of a fiduciary duty, claiming that the contingent fee agreement was unconscionable and was induced by deceptive conduct.  The arbitrator agreed, and found that Amsberry breached a fiduciary duty by failing to disclose a conflict of interest, by falsely representing material facts to his client, by failing to admonish her to seek independent counsel, and by contracting for an unconscionable fee.  The arbitrator found the contingent fee agreement unenforceable.  The arbitrator refused to award any compensation to Amsberry, and awarded $121,834.42 to Ms. Salazar—the amount of her legal fees incurred to defend the suit by Amsberry--as damages for the breach of fiduciary duty.  The arbitrator’s award was confirmed by a final judgment against Amsberry. Amsberry has posted a cash bond to secure the judgment, and has appealed.

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Publisher loses Interlocutory Appeal in libel suit
brought by lawyer


Volume 26, Issue 46
Recent Case: Legal Malpractice & Misapplication of Fiduciary Property
Read Article: PUBLISHER LOSES INTERLOCUTORY APPEAL IN LIBEL SUIT BROUGHT BY LAWYER*

*Only the section which pertains to the following above is being displayed, not entire “Texas Lawyer” publication.




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Carl J. Kolb, P.C. receives a Texas Top Verdict in 2012

#2 in a Professional Negligence Case

Recent Case: $5.5M Class DTPA/Contract Settlement in 2011


Recent Case: 
$10.8M DTPA/Fraud Verdict in 2010


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Texas Rep. Briscoe Cain, R-Deer Park, and Beto O’Rourke, Democratic presidential candidate

Texas Lawyer's 'Death Threat' Tweet to Beto O’Rourke Unlikely to Bring Legal Repercussions

“This is a death threat, Representative. Clearly, you shouldn’t own an AR-15—and neither should anyone else,” Beto O’Rourke tweeted to attorney and Texas Rep. Briscoe Cain.

By Angela Morris | September 13, 2019 at 01:20 PM
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