Bell Nunnally Partner Kartik R. Singapura recently served as co-trial counsel with Kirkland & Ellis in securing a unanimous jury decision on behalf of AMLI Residential – a Chicago-based real estate company that invests in, develops and manages luxury multifamily residential properties. AMLI was accused of fraud, breach of contract and negligent misrepresentation arising out of a $57 million sale of a Houston luxury apartment complex in 2012. After six years of litigation and a two-week trial with 16 witnesses, the jury unanimously found the claims to be baseless and ordered the plaintiff, Denver-based Baron Real Property Holdings, to pay $5.8 million in attorneys’ fees to AMLI. The venue was the 295th District Court in Harris County, with Judge Donna Roth presiding.
A Texas Lawbook article on the case quotes AMLI Chairman and CEO Gregory Mutz regarding the outcome, “This is a legal case that should never have been brought in the first place. This was a commercial property transaction between a sophisticated buyer and seller with standard ‘as is where is with all faults,’ covenant not to sue, and related provisions. Such transactions are a time-honored tradition in real estate and something we as an industry rely on as a regular course of business.”
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