Darrell Fuller, Jr. and Carla Fuller v. Silver Creek Homes, Inc.

Harry has defended Texas non-subscriber businesses from dangerous workplace injury claims. While he lives and works in North Dallas (and definitely does not have a “down home” accent), he has been able to obtain great results in small towns or plaintiff-friendly venues, including the Rio Grande Valley, East Texas, San Antonio, and counties like Wichita County, Texas.

In 2003, after a two year struggle, Harry won a 10-2 verdict, dismissing a $1.7 million claim and winning costs for his client, Silver Creek Homes, Inc., a manufactured home company with a “salt-of-the-earth” owner barely breaking even. The stakes were high: a loss would have shut down the Henrietta, Texas plant, robbing the tiny town of over a hundred jobs.

The Plaintiff’s able lawyer paraded six expert witnesses through trial (ergonomics, surgery, OSHA issues, engineering, safety being key issues); Harry deconstructed those highly-trained professionals’ opinions, through withering cross-examination.

It is a source of great pride to Harry that a Texas Ranger sat on the jury (they’ve always been heroes to Harry). Afterwards, the raw boned, leathery law enforcement officer chuckled to Harry: “I’ve never seen so-called experts so demoralized.”  View the final Judgment.

Carolyn Darling v. Silver Creek Homes, Inc.

How many times have defendants wished the playing field could truly be even? “We got sued frivolously, have to pay all these fees, win, and then we can’t make the loser pay?”

In 2002, Harry Jones defended a two week (bogus) sexual harassment trial in tiny Henrietta, Texas. The claimant cobbled together a series of fantastic tales; Harry smashed the story apart, and aggressively argued that the Court should turn the tables: When all was said and done, the “harassed” Plaintiff owed the (truly harassed) Defendant $250,000! (See attached).

True justice.

Myra Peterson v. Autoflex Leasing

Although a jury trial is a forum that Harry is most comfortable in, sometimes a “bench trial” (just a judge) is the way a case is decided. In 2006, one of the preeminent employment law plaintiff’s attorneys in Texas, Ken Molberg, attacked one of our clients, Autoflex Leasing, with a dangerous sexual discrimination claim. The Plaintiff was willing to say anything. Harry convinced the judge the case lacked all merit (see attached) and Autoflex went on to do what it does best: lease automobiles. View the final Judgment.

LaOndria R. Covington v. Roy’s Nutrition Centers, Inc.

When ex-employees attack your company with manufactured accusations of racism, the lawyers they engage will creatively seek to use old and new laws to extract uncomfortable settlements or unfair judgments from you. An example was the Covington case, No. 3:03-CV-1493-BF in the Northern District of Texas (2004).

Harry Jones defended a small grocery store, Roy’s Nutrition Centers, Inc., locally owned and an old Dallas institution, from a series of challenges:

• Ms. Covington quit, but she sued Roy’s, claiming she was fired.
• The EEOC ruled that Roy’s was not even big enough to be covered by Title VII.
• Ms. Covington changed her case, to use a post-Civil War law intended to reform local governments in the 19th Century American South.

Harry Jones succeeded in having the federal court throw it all out – as “unsubstantiated assertions.” (See attached Opinion.)

Equal Employment Opportunity Commission v. Natural Resources Staffing Services, Inc.

In very rare situations, the EEOC itself sues businesses. We have “gone to war” with the EEOC and won, establishing important precedent in the process. Harry Jones defended a local staffing company, Natural Resources Staffing Services, Inc., from a comprehensive lawsuit launched by the top EEOC trial attorneys from the Southwestern Region. The allegation was that Natural Resources discriminated against prospective pregnant employees.

It is a very dangerous position to be in: sued by the federal government with a virtually unlimited budget and no possibility of settlement. In discovery, Harry Jones won a crucial ruling (without precedent) to obtain internal investigative files and EEOC decision-making testimony.

After a full-blown jury trial before U.S. Magistrate Judge William Sanderson, the verdict was: no bias, EEOC loses, and all costs of the case were shifted to the EEOC. When the jury verdict was read aloud, the president of Natural Resources literally wept with relief. Celebration ensued. No matter how “big” your adversary is, we are ready to protect you. View the case Judgment.

Jane Doe v. DISD

Our firm does not just protect the interests of the rich and powerful. Harry Jones took on the case of a little girl at DISD who was sexually assaulted by a fellow elementary school student. He fought of DISD’s defenses (which were considerable), and obtained a very wise settlement for the girl, structured to promote a lifetime of healing, redemption, and education. The opinion of the Federal Court is attached (the settlement is private).

Kenneth Smith v. Lattimore Materials Company

Often, ex-employees are willing to fight for many years. We can win for you at every level: agency, trial court, or appeals. For example, Kenneth Smith filed a charge against Lattimore Materials Company with the Equal Employment Opportunity Commission (“EEOC”) based on an argument that he needed certain prescribed medicines, which caused him to be chronically late for work and was fired out of retaliation.

After a lengthy investigation, the EEOC dismissed Mr. Smith’s ADA claim. Mr. Smith made a federal case of it in Sherman, Texas. Years into the controversy, the Eastern District Court dismissed Mr. Smith’s claims (see attached). Mr. Smith appealed to the Fifth Circuit Court of Appeals in New Orleans. After another long fight, Mr. Smith’s challenge was fully and finally disposed of by the appeals court. See attached opinion.