Law Firm News

August 2008 - Arnold & Itkin LLP attorneys Kurt Arnold, Jason Itkin, and Mike Pierce secure $2. 25 million dollar settlement in an unoperated back injury case. ***Disbursement Pending***

Arnold & Itkin LLP attorneys Kurt Arnold, Jason Itkin, and Mike Pierce secured a
$2. 25 million dollar settlement in an unoperated back injury case. The plaintiff was ordered to climb on top of a large machine in order to assist a crane operator in removing ballast tanks. Plaintiff, however, was not provided with proper fall protection equipment and no job safety analysis was performed to determine how the job could be safely completed. The crane operator involved in the operation failed to control the crane line causing the headache ball to swing toward plaintiff. When the plaintiff moved to dodge the headache ball, he fell 8 to 10 feet to the deck of the vessel, severely injuring his lower back. After undergoing months of rehabilitation, the plaintiff returned to work but was forced to work in conditions that were inconsistent with the physical restrictions imposed by plaintiff's doctor. After enduring these conditions for several months, plaintiff reinjured his back so severely that he was no longer able to work. Arnold & Itkin LLP filed suit on behalf of the plaintiff in Hidalgo County, Texas and, after extensive discovery, obtained a $2. 25 million settlement. ***Disbursement Pending***

July 2008 - Arnold & Itkin LLP recovers verdict with interest of 1.2 LLP recovers verdict with interest of 1.2 million dollars for Tugboat Captain ***Appeal Pending***

Arnold & Itkin LLP attorneys recovered 1.078 million dollars for a tugboat captain injured during a poorly planned crew change operation. Plaintiff, a relief captain employed by defendant, was asked to perform a crew change in a jon boat across a half-mile wide stretch of the Mississippi River in an area with heavy ship traffic. Despite the fact that a large crewboat was available for use, the off-going captain chose to organize a crew change using the jon boat. Shortly after the on-coming crew entered the jon boat, they were swamped by the wake of a large tanker and nearly drowned. As a result of this incident, the relief captain suffered from severe post traumatic stress disorder and anoxic brain injury from oxygen deprivation. After a four day bench trial, Arnold & Itkin LLP attorneys recovered a verdict of 1.078 million dollars for the relief captain. With interest, the total verdict is approximately 1.2 million dollars. *** Appeal Pending***

July 2008 - Arnold & Itkin LLP settles client with unoperated back for $985,000 ***Disbursement Pending***

Arnold & Itkin LLP recently won a $985,000 settlement for an injured worker with an unoperated back. The worker was hurt while being transported by boat between platforms in rough seas. The case settled days before a jury trial was set to start in Houston federal court. ***Disbursement Pending***

May 2008 - Arnold & Itkin LLP attorneys Kurt Arnold and Jeff Seely secure a $750,000 settlement for a sixty-four year old gas lift specialist, providing a net recovery of $414,000. ***Disbursement Pending***

Arnold & Itkin successfully recovered $750,000 for a sixty-four year old gas lift specialist who was seriously injured while getting on a Tidewater vessel while exiting a Chevron platform offshore Africa. Unfortunately, Chevron delayed evacuating personnel until weather and seas were dangerous. As he was getting on the vessel, the seas swelled, which flew him into the air and caused his leg to dangle over the jacket. The vessel then came down and crashed down on his leg. Following multiple surgeries, doctors told him he could no longer work offshore, although he could work onshore. The case was pending in the U.S. District Court for the Southern District of Texas with the Honorable Judge Gray H. Miller presiding. A portion of the verdict was placed in a structured settlement for net recovery to the client of approximately $414,000.

May 2008 - Arnold & Itkin attorneys Kurt Arnold and Michael Pierce successfully recovered $900,000 for a woman and her daughter who were seriously injured in a wreck during a funeral procession.
***Disbursement Pending***

Plaintiffs retained a local funeral home to provide complete services for their mother's funeral. Unbeknownst to Plaintiffs, the funeral home retained a fly-by-night limousine company to provide transportation from the funeral home to the cemetery. The limousine company had no insurance. The limousine driver failed to maintain control of his vehicle and struck a concrete support post at high speed. One of the Plaintiffs suffered a fractured pelvis, which necessitated several painful surgeries. After months of extensive discovery and pretrial preparation, Mr. Arnold and Mr. Pierce were able to secure a $900,000 settlement against the funeral home. ***Disbursement Pending***

April 2008 - Arnold & Itkin LLP settles claim on behalf of two platform workers for $2.05 million ***Disbursement Pending***

Arnold & Itkin LLP secured more than $2 million dollars on behalf of two riggers working off the coast of Louisiana. The two men were replacing a back pressure valve when the valve skyrocketed off the pipeline and hit one worker in the head and knocked the other worker to the ground. The companies initially tried to put all the blame on the injured workers. However, Arnold & Itkin LLP was able to prove that a production operator that worked for one of the defendant's failed to completely "bleed off" pressure that had accumulated inside the pipeline. The trapped pressure caused the explosion which injured the workers. Arnold & Itkin LLP was also able to show that the safety consultant hired to supervise the workers failed to properly do his job. One worker severely injured his lower back and the other work severely injured his neck and was diagnosed with Post-Concussion Syndrome. The case did not completely settle until after trial had already begun. The case was pending in the U.S. District Court for the Southern District of Texas, Galveston Division, with the Honorable Judge Vanessa Gilmore presiding. ***Disbursement Pending***

January 2008 - Arnold & Itkin LLP Settles Claim for Death of Seaman for $1.6 Million ****Disbursement Pending****

Arnold & Itkin LLP secured a $1.6 million settlement for the surviving spouse and minor children of a vessel captain killed in an explosion that occurred when a spud barge struck an underwater high-pressure gas line, which ruptured and caught fire. The case was pending in the U.S. District Court for the Western District of Louisiana. The claim was pursued as part of a limitation of liability action filed by the owner of the barge. Disbursement of the settlement is currently pending.

December 2007 - Arnold & Itkin LLP Wins Jury Verdict of $1.95 Million for a Nurse Suffering Severe Injuries When a Piece of Oilfield Equipment Struck Her Car with a Net Recovery of $1,328,111

After a one week trial in Vermillion Parish, Arnold & Itkin LLP attorneys won a jury verdict and accompanying judgment for $1.95 million in a claim against Moncla Well Service, Inc. The case was brought on behalf of a former nurse injured when an improperly secured piece of oilfield equipment fell from the back of a truck and struck her car. As a result of this accident, the plaintiff suffered severe injuries to her head, jaw, and back. Defendants argued that her back injuries and headaches were not related to the accident but the jury disagreed. The verdict was one of the largest awards in a personal injury matter in Vermillion Parish, Louisiana. A portion of the verdict was placed in a structured settlement for net recovery to the client of $1,328,111.

November 2007 – Arnold & Itkin LLP Wins $10.9 Million Jury Verdict against Union Pacific for Young Girl Paralyzed in Crossing Accident
*** Appeal Pending ***

After a three week trial, Arnold & Itkin LLP attorneys Kurt Arnold, Jason Itkin, and Jeff Seely won a $10.9 million jury verdict on behalf of a Louisiana family. The family filed suit in Beaumont, Texas following a tragic grade crossing accident that killed a mother of four and left her five year old daughter paralyzed. After the Court (Judge Sanderson, presiding) denied pretrial motions, Plaintiffs set out to prove that the crossing was a unique and local safety hazard and that Union Pacific should have installed active warning devices at the crossing, which was only protected by street signs at the time of the accident. After presenting the jury with evidence that sightlines were deficient, the crossing’s orientation made it challenging to look to the left because the road approached the crossing at a thirty degree angle, and that there were four prior accidents, including two deaths, over the seven years prior to the accident, the jury found that the crossing was hazardous and that Union Pacific should have protected the crossing with active warning devices. Disbursement of funds will take place following resolution of the pending appeal.

October 2007 - Arnold & Itkin LLP Recovers $750K on the Eve of Trial for a Platform Worker who Fell to the Deck of a Supply Boat Injuring his Neck and Back, Providing a Net Recovery of $460,036

Arnold & Itkin LLP recovered $750,000 for a production operator injured while assisting in cargo operations. The operator fell several feet to the deck of a supply vessel while attaching slings to a large container box being loaded onto the platform, severely injuring his neck and his back. He eventually needed a neck surgery to rectify the injuries. Arnold & Itkin LLP pursued the platform owner and the vessel owner because the cargo was not pre-slung and the weather was too rough to conduct cargo operations. The case was pending in the U.S. District Court for the Southern District of Texas, Houston Division, with the Honorable Judge Nancy Atlas presiding. The case settled two days before the start of trial. The net recovery following deduction of trial expenses and fees was $460,036.

September 2007 - Arnold & Itkin LLP's Lawsuit Leads to Nationwide Improvements in the Transportation Industry

Arnold & Itkin LLP represented the family of a woman with mental disabilities who was brutally raped by the driver of a taxicab. The taxi was specially chartered to transport Arnold & Itkin LLP's client and other individuals with mental disabilities. The rapist had a prior criminal history and is currently in jail for his crime.

After over a year of litigation, the case settled for a confidential amount of money. As part of the confidential settlement, one of the defendants agreed to make substantial and important changes in the way that drivers are selected for programs like the one at issue in this case. Those changes deal with education, testing, and credentialing of drivers. These improvements should greatly reduce the chance that another innocent victim is raped by her cab driver.

September 2007 - The Fifth Circuit Court of Appeals affirms verdict in Douglas O'Neill v. SeaRiver

Arnold & Itkin LLP represented an injured seaman who worked as a deckhand on SeaRiver's S/R Mediterranean (formerly known as the Exxon Valdez). Mr. O' Neill was exposed to Hydrogen Sulfide gas while performing gauging operations aboard the tanker. SeaRiver refused to use hermetically sealed gauges (as it uses in its Pacific Fleet) and allowed the young seaman to be exposed while the vessel was in Oman. Additionally, SeaRiver failed to warn the seaman that the cargo received in Oman had high concentrations of the dangerous Hydrogen Sulfide gas. SeaRiver contested liability and damages. Before trial, SeaRiver was offering to settle for less than the litigation expenses incurred in prosecuting the case. Arnold & Itkin LLP successfully tried the case and is pleased to announce that the Fifth Circuit Court of Appeals has affirmed on all grounds. The final recovery following calculation of interest was $723,014.51.

September 2007 - Arnold & Itkin LLP Secures $1.6 Million Settlement for Captain who Fell Through a Hatch and Injured His Back, Providing a Net Recovery of $1,099,513

Arnold & Itkin LLP obtained a $1.6 million settlement for a Captain who injured his back when he fell through a hatch that had been left open by another captain. The defense argued that the open hatch was an "open and obvious danger". Arnold & Itkin LLP showed the weakness of the defense's argument by hiring one of the industry's top experts to evaluate the case and prepare an animation that demonstrated how the hatch would have looked from Arnold & Itkin LLP's client's viewpoint. The animation also showed how the defendant could have prevented the injuries by simply barricading the hatch. The case, which was pending in the U.S. District Court for the Southern District of Texas, Houston Division, with the Honorable Judge John D. Rainey presiding, settled within ten days of trial. The captain’s net recovery totaled $1,099,513.95.

August 2007 - Injured Seaman Receives $650,000 Settlement for Neck Injuries Suffered in the Gulf of Mexico with a Net Recovery of $378,171

Arnold & Itkin LLP secured a $650,000 for a seaman who injured his neck and shoulder working on a vessel in the Gulf of Mexico. The seaman suffered severe injuries when a defective pulley he was working on became jammed and jerked his shoulder and neck. His injuries were worsened when a defective chair he was sitting in tipped over backwards in rough seas. Through extensive investigations and depositions, Arnold & Itkin LLP discovered that the defective pulley had caused problems in the past, but was ignored by company supervisors. A week before trial, the vessel owner and the seaman's employer agreed to settle the case. The net recovery to the injured seaman was $378,171.

June 2007 - Arnold & Itkin LLP Represents Investors Seeking to Purchase Real Estate Valued in Excess of $50 Million in Breach of Fiduciary Duty Claim

Arnold & Itkin LLP was able to put together a business deal gone bad. Arnold & Itkin LLP represented a group of investors seeking to purchase a large real estate investment in Gulf Shores, Alabama. Unbeknownst to Arnold & Itkin LLP's clients, their financing agent had sought to go behind their backs and structure the same transaction without them. Arnold & Itkin LLP sued the agent in California alleging breach of fiduciary duties and other causes of action.

Following intense negotiations, Arnold & Itkin LLP was able to restore its clients' interest in the transaction. Because Arnold & Itkin LLP was able to initiate and resolve the litigation within two weeks, its clients successfully completed the $50 million transaction.

May 2007 – Arnold & Itkin LLP Wins $38.2 Million Jury Verdict for Houston Businessman in Claim for Breach of Fiduciary Duty
*** Appeal Pending ***

Arnold & Itkin LLP attorneys Kurt Arnold and Jason Itkin won a $38.2 million jury verdict on behalf of their client, Richard Foreman, a Houston investor who was secretly cut out of a deal to acquire Honsador Lumber Corporation, one of Hawaii's largest lumber suppliers. The jury found Key Principal Partners LLC and its parent Key Corporation guilty of breaching their fiduciary duties, intentionally interfering with Foreman's efforts to acquire the Honsador Lumber Corporation, and violating Hawaii's unfair competition statute. Read more about the trial and verdict as covered in the press by the Houston Business Journal. Disbursement of funds will take place following resolution of the pending appeal.

April 2007 - Arnold & Itkin LLP Settles Claim for $1.85 Million on Behalf of a Maritime Worker Who Suffered Severe Ankles and Foot Injuries When Forced to Jump Overboard to Avoid Other Injury, Providing a Net Recovery of $1.06 Million

Arnold & Itkin LLP settled a general maritime claim for $1.85 million on behalf of a worker injured while participating in cargo operations on a barge. The worker suffered severe injuries to his ankles and feet when he was forced to jump overboard to avoid a riser joint flung through the air from a negligently operated crane. The case settled one week before trial providing a net recovery of $1,061,687.47.

April 2007 - Arnold & Itkin LLP Negotiates $1.5 Million Settlement for Offshore Worker who Sustained Open Leg Fracture while using Defective Equipment, Providing a Net Recovery of $1.1 Million

Arnold & Itkin LLP negotiated a $1.5 million settlement for an operator who suffered an open leg fracture while using a defective grinder that was given to him to use during his employment. The case settled on the day before trial netting the client $1,102,228.91 including the proceeds from a structured settlement.

March 2007 - Arnold & Itkin LLP Wins $1.2 Million Jury Verdict in Houston Federal Court for Seaman Who Underwent Neck Surgery After Falling Off A Ladder
*** Appeal Pending ***

After a week long trial, Kurt Arnold & Jason Itkin of Arnold & Itkin LLP won a jury verdict in excess of $1.2 million on March 1, 2007. Arnold & Itkin LLP’s client, a seaman, was injured while working alone on a ladder. He fell off the ladder and injured his neck and back. As a result of the fall, the Plaintiff underwent a one level fusion of his cervical spine. The Defendant made no offer to settle the case before or during trial. The jury found some contributory negligence on the part of the Plaintiff. Disbursement of funds will take place following resolution of the pending appeal.

Arnold & Itkin LLP Settles Claim on Behalf of Injured Platform Worker

Arnold & Itkin LLP brought a claim on behalf of an injured worker that hurt himself on a drilling platform while pulling slips. The client had to undergo a back surgery at two levels. Arnold & Itkin LLP prosecuted the case and was able to achieve a confidential result for its client that ensured his future was secure.

Arnold & Itkin LLP Lawyer Honored as "Rising Star" in 2007

Jason Itkin was recognized as a "Rising Star" of the Texas legal community in 2007, according to a statewide survey conducted by the publishers of Law & Politics and Super Lawyers magazines.

Arnold & Itkin LLP Named Top Lawyers for the People in 2007

H Texas magazine in Houston named Kurt Arnold and Jason Itkin as "Top Lawyers for the People" in 2007.

According to the magazine, Arnold & Itkin LLP quickly assesses the strengths and weaknesses of each case and then makes strategic decisions about how to win. “Because Arnold & Itkin LLP understands the importance of winning, the firm usually structures its fee agreements so that it shares the risk of litigation with its clients."

Arnold & Itkin LLP Recovers $7.2 Million for a Client with a Traumatic Brain Injury With a Net Recovery of $4.1 Million

Arnold & Itkin LLP represented a Louisiana oilfield worker who suffered brain damage and memory loss after he fell through the grating on an offshore platform. The case involved several complex legal issues due to the nature of the injuries, number of defendants, and volume of medical records. The case proceeded to trial in October of 2006. After jury selection began, the case was settled for $7.2 million. More than $4 Million was received by the client, with $2.5 million of the net recovery invested in a structured fund to ensure the client’s future needs would be met.

Arnold & Itkin LLP wins a $ 3.7 Million Jury Verdict for the Family of a Longshoreman Killed at the Port of Houston
*** Appeal Pending ***

Arnold & Itkin LLP won a $3.7 million verdict for the family of Abelino Ponce, who was killed in a tragic accident at the Port of Houston. Mr. Ponce was helping to transport steel pipe from a ship to the dock when a wire struck him in the side and threw him to his death. On the eve of the October 2006 trial, the Defendants offered to settle the case for $250,000. The Plaintiffs, at Arnold & Itkin LLP's urging, rejected the settlement offer. After a three day trial, the jury awarded Mr. Ponce's family $3.7 million. Disbursement of funds will take place following resolution of the pending appeal.

Arnold & Itkin LLP Secures Verdict for Seaman Who Was Exposed to Hydrogen Sulfide

Arnold & Itkin LLP represented a member of the Exxon Seamen's Union who was exposed to Hydrogen Sulfide while working aboard an oil tanker in the Middle East. When the Defendants failed to offer any reasonable money to settle the case, Arnold & Itkin LLP held them accountable by winning at trial.

Arnold & Itkin LLP Secures $1.75 Million Settlement During Trial for Injured Seaman who Suffered Herniated Discs in Neck and Back When a Lifeboat Malfunctioned, Providing a Net Recovery of $1,015,917

Arnold & Itkin LLP secured a net settlement of $1,015,917.34 for an individual who herniated discs in his neck and back after the lifeboat he was riding in malfunctioned. Before trial, the Defendants’ final offer would have only provided a net recovery of $480,000. Midway through the July 2006 trial, the Defendants met the individual's settlement demand by more than doubling their previous offers.

May 2006 - Arnold & Itkin LLP Reaches Confidential Settlement on Behalf of Dentist who was Injured by a Defective Hockey Mask

Arnold & Itkin LLP filed suit in Dallas County on behalf of a dentist who suffered eye injuries due to a failure in his goalie mask. The client hired Arnold & Itkin LLP to hold the defendant accountable to ensure that more people were not injured by this defective product and to financially compensate him for his injuries.

Arnold & Itkin LLP met both goals. Arnold & Itkin LLP reached a confidential settlement with defendant. Additionally, the product was recalled in the United States.

Arnold & Itkin LLP Obtains $1.67 Million for a Client who Injured his Back Rescuing a Co-worker, Providing a Net Recovery of $928,924

Arnold & Itkin LLP represented a Louisiana worker who hurt his back while rescuing a co-worker from danger. The case settled during jury selection providing the client’s family with a net recovery of $928,924.62. Arnold & Itkin LLP managed to achieve this excellent result even though the client had preexisting injuries to the same part of his back.

Arnold & Itkin LLP Wins $2 Million for an Offshore Worker who Suffered Severe Injuries When a Canister Exploded in his Face, Providing a Net Recovery of $1,073,840

Arnold & Itkin LLP secured a $2 Million settlement for an offshore worker who broke several facial bones after the lid of a metal canister exploded into his face. The net recovery after fees and expenses was $1,073,840.

Arnold & Itkin LLP Named Top Lawyers for the People in 2006

H Texas magazine in Houston named Kurt Arnold and Jason Itkin as "Top Lawyers for the People" in 2006.

October 2005 - Businessman Recovers $2.5 Million for Breach of Oral Contract, Resulting in a Net Distribution of $1.6 Million

Arnold & Itkin LLP was hired by a businessman who had agreed to help a large telecom company acquire another company. The terms of the business man's engagement were discussed and agreed to orally, but they were never formalized in writing. Upon winning the bid, the telecom company offered to pay Arnold & Itkin LLP's client less than 1/50th of the oral terms.

Arnold & Itkin LLP litigated this case for nearly a year and a half against one of the nation's largest law firms. Ultimately, Arnold & Itkin LLP reached a $2.5 million settlement for its client, providing a net recovery of $1,624,295.

Arnold & Itkin LLP Negotiates $900K Settlement for Injured Seaman Following Fusion of Lumbar Spine, Resulting in a Net Distribution of $561,840

On the eve of a July 2005 trial, Arnold & Itkin LLP negotiated a $900K settlement for a worker injured on a crew boat making platform turns in the Gulf of Mexico. The client was injured when a co-worker was negligently operating the crew boat on which he was sleeping causing him to fall from his bunk, seriously injuring his back. The net distribution was $561,840.

Arnold & Itkin LLP Secures $1.72 Million Settlement for Offshore Workers Exposed to H2S on the Job, With a Net Recovery of $1.01 Million Shared Among Claimants

Arnold & Itkin LLP successfully recovered $1.72 million for individual contractors injured on the job in the Gulf of Mexico in 2004 when they were exposed to Hydrogen Sulfide. The case was confidentially resolved in June 2005. A net recovery of $1,011,119.44 was shared among the claimants.

Arnold & Itkin LLP Named Top Lawyers for the People in 2005

H Texas magazine in Houston named Kurt Arnold and Jason Itkin as "Top Lawyers for the People" in 2005.

According to the magazine, "Kurt Arnold and Jason Itkin are known for the unique blend of energy, skill, and passion that they bring to each case. They founded Arnold & Itkin LLP to represent plaintiffs and defendants in complex business disputes, offshore injury cases, class actions, and product liability cases. The firm and its cases have attracted national, regional, and local media attention... Their past experiences working with well-known Judges, United States Senators, elite trial firms and the Attorney General combined with their tireless work ethic allows them to achieve extraordinary results."

Arnold & Itkin LLP Lawyers Honored as "Rising Stars" in 2005

Kurt Arnold and Jason Itkin were recognized as "Rising Stars" of the Texas legal community in 2005, according to a statewide survey conducted by the publishers of Law & Politics and Super Lawyers magazines.

According to the publications, leading Texas attorneys were "asked to nominate the best lawyers they have personally observed in action— whether as opposing counsel or co-counsel, or through other first-hand observation in the courtroom."

To learn more about our firm or to speak with one of our lawyers, please contact our Houston office.