Richard Pullman

Representative Experience

• Hyman L. Miller v. Puritan Fashions Corporation d/b/a Barnsville, 516 S.W.2d 234 (Tex. App. – 1974, writ ref’d n.r.e.) Mr. Pullman represented Puritan Fashions, the predecessor to Calvin Klein Industries. This is the first case in which Texas courts applied the Federal Arbitration Act to a dispute wherein interstate commerce was involved.
• Western Federal Savings and Loan Association v. Atkinson Financial Corporation, 747 S.W. 2d 456 (Tex. App. – Ft. Worth 1988, no writ). (This case was settled before the Supreme Court heard the Writ). Mr. Pullman represented a property owner in litigation against Western Federal Savings and Loan Association. This case further explains and emphasizes the requirements for accepting an option and when same creates a binding agreement. Mr. Pullman's client was successful in obtaining a summary judgment in the amount of $5.8 million against Western Federal Savings and Loan and same was affirmed and collected upon settlement only with a reduction in post-judgment interest.
• Sam Kartalis v.  Commander Warehouse Joint Venture, 773 S.W. 2d 393 (Tex. App. – Dallas 1989, no writ) and Sam Kartalis v. Lakeland Plaza Joint Venture, 784 S.W. 2d 64 (Tex. App. Dallas 1989, writ denied). In these two cases, Mr. Pullman represented the joint ventures and upheld on appeal the basic postulates that a joint venture is generally covered by the same principles of law as apply to a partnership and that one joint venturer may sue another without resorting to accounting where the fact situation is so simple and free from complexity that it can be disposed of easily.
• Bartley, et al. v. National Union Fire, et al. This case was filed in September 9, 1991 in the Northern District of Texas, Dallas Division, before Judge Barefoot Sanders. The case involved the liability or lack thereof, of National Union Fire Ins. Co. of Pittsburgh, PA an (AIG company) as to claims made by the FDIC against all of the directors and officers of First Republic (at that time Texas’ largest bank). The trial team lead by Mr. Pullman obtained a final judgment on December 11, 1992 “…that plaintiffs and intervenors take nothing by their suit against National Union Fire Insurance Co. of Pittsburgh, PA, and that this suit is dismissed with prejudice at plaintiffs’ cost.”
• Mercury House, Inc. and Raye Reynolds v. Missouri Pacific Railroad Company, Union Pacific Railroad Company, Union Pacific Corporation and Harold O. Brandt, Individually, No. 90-14442-E, in the District Court of Dallas County, Texas, 101^st Judicial District. Mr. Pullman defended this case before a jury in August of 1993. Plaintiffs claimed damages in excess of $40 million for breach of contract regarding utilization of the railroad’s right-of-way and tort damages related to the business relationship between Plaintiffs and Missouri Pacific Railroad Company. Defendants obtained a ‘take nothing” verdict from the jury and were awarded judgment of approximately $250,000 on the counterclaim against the Plaintiffs.
• Hayes, et al. v. LaFarge Coppee SA, et al. No. 3:94-cv-01566-T. This case emanated from the bankruptcy of National Gypsum Company. Our clients, John P. Hayes and Joseph A. Keller, were among the shareholders who assisted in bringing National Gypsum private and then sold to Anchor Holdings, Inc., a subsidiary of LaFarge Coppee, SA. The issue was whether or not Mr. Hayes and Mr. Keller were entitled to their retirement benefits owed by Anchor Holdings, Inc., a subsidiary of LaFarge Coppee, SA, a very substantial French corporation. Judge Steven A. Felsenthal denied our clients’ claims; however, upon appeal, Senior Judge Robert A. Maloney, for the Northern District of Texas, Dallas Division, heard the appeal and allowed for Mr. Pullman's clients to win and collect a judgment of approximately $7,000,000 on November 28, 1994.
• Mayfair Development Corporation v. City of Dallas, Civil No. 3:95-CV-1594-H in the Northern District of Texas, Dallas Division. This case related to the Cinemark litigation against the City of Dallas. Mr. Pullman lead the team representing the City of Dallas and obtained a Summary judgment on November 27, 1996 on behalf of the City of Dallas that Plaintiff Mayfair Development Corporation “…take nothing by its suit against Defendant and that this suit be, and it is hereby, Dismissed on the merits at Plaintiff’s cost. “ The Judgment was granted by Barefoot Sanders, then Senior Judge for the United States District Court for the Northern District of Texas.
• Alfred C. Glassell, Jr., et al. v. Ralph Ellis, Jr., 956 S.W. 2d 676 (Tex. App. – Texarkana 1997, appeal denied). The Texarkana Court of Appeals ruled in a ten-page opinion and affirmed Mr. Ellis’ (our client) Application for Certification of Class Action in an oil and gas royalty owners’ claim against the working interest holders and the case settled.
• Raymond Honeycutt, et al. v. Brian Warner a/k/a “Marilyn Manson, “ et al., in the United States District Court Eastern District of Texas, Marshall Division. Mr. Pullman was lead counsel for Brain Warner and the Manson Band defendants. This case involved copyright infringement as to the base line of one of the Marilyn Manson band’s songs. The case was dismissed with prejudice by agreement on September 11, 1999, once Mr. Pullman's clients were able to show that Plaintiff’s alleged “base line” actually was part of an earlier song of the Manson band that was even earlier than Plaintiff’s song.
• Ironclad, L.P. and Ironclad, Inc. v. Poly-America, Inc., in the United States District Court for the Northern District of Texas, Dallas Division. This case was tried before a jury during November of 1999; the trial team lead by Mr. Pullman obtained a “take nothing” jury verdict on behalf of Poly-America. The claim was trademark infringement involving the majority of plastic trash bags sold at Sam’s during the prior five years. Plaintiffs’ claim was over $30,000,000.
• International Mill Service, Inc. and Ameristeel Corp. v. Intermountain Lining Systems, Poly-Flex, Inc. and John Does 1-10. Richard was lead counsel in this case before the Third Judicial District Court in Salt Lake County, Utah. The matter involved environmental contamination purportedly caused by the polyethylene liner manufactured by Poly-Flex. The trial team lead by Mr. Pullman obtained a summary judgment in favor of Poly-Flex that Plaintiffs take nothing.
• Allegiance  Capital Corporation v. Great Canadian Gaming Corporation, et al. Richard represented a Canadian gaming corporation and the other Defendants, in one of Canada’s casino companies. The case was originally filed in 193^rd Judicial District Court of Dallas County, Texas. Mr. Pullman's clients removed to Federal court in the Northern District of Texas, Dallas Division. Plaintiff’s claims included fraudulent inducement, stock transaction fraud, conversion, breach of fiduciary duty, conspiracy, and violations of the Racketeering Influence and Corrupt Organization Act. Defendants filed a Motion to Dismiss under Federal Rules 12(b)(2), 12(b)(3) and 12(b)(6). By memorandum opinion, Judge Jerry Buchmeyer granted Defendants’ Motion on September 30, 2004.
• Southwest Securities, Inc.  v.  Bruce A. Lewin. FINRA Case No. 11-02651. Mr. Pullman prosecuted on behalf of Southwest Securities, Inc. a claim to collect a promissory note accepted as an inducement to commence employment with Southwest Securities, Inc. Mr. Lewin filed many affirmative defenses and counterclaims. After a 3-day Arbitration, the award was 100% to Southwest Securities, Inc., only reducing Southwest Securities’ attorney’s fees. Southwest Securities has since settled with a payout.