John H. McFarland
John McFarland represents plaintiffs and defendants in business litigation. He has tried numerous cases in state and federal courts, including suits involving commercial fraud, lender liability, products liability, and business divorce. He has briefed and argued several cases to the Fifth Circuit and state courts of appeal. His experience in trial and appeals allows him to provide strategic business risk advice designed to avoid, minimize, or position potential litigation. John has the AV Preeminent Rating, Martindale-Hubbell’s highest possible rating for both ethical standards and legal ability.
- Defending hospital and related entities against claims seeking over $22 million in damages for breach of contract, tortious interference and other claims.
- Defending lender in state court jury trial of lender liability suit seeking $6.5 million in fraud damages plus exemplary damages for the lender’s alleged fraud in inducing the loan and the real estate purchase, resulting in a take-nothing verdict as to all claims.
- Prosecuting claims on behalf of property owner suing to recover monies due under billboard lease in state court jury trial, resulting in jury verdict awarding all amounts due and awarding billboard structure to the client.
- Defending bank in state court jury trial of wrongful foreclosure suit brought by a company claiming to have obtained title to the foreclosed-upon property before the bank’s judgment lien attached to the property, resulting in a take-nothing judgment as to all claims.
- Prosecuting shipper’s Carmack Amendment claims in federal bench trial, resulting in judgment and recovery against the carrier for the full amount of damages after application of settlement credits.
- Defending sweat-equity business partner in federal court jury trial of claims of fraud and breach of contract brought by investor partners seeking damages, plus attorney’s fees and exemplary damages.
- Defending rifle barrel manufacturer in state court jury trial of product liability claims seeking $1 million in damages based on the barrel explosion on a custom rifle, resulting in 50% allocation of liability to the manufacturer of the custom rifle and a judgment against the barrel manufacturer for only $200,000, which was reversed on appeal.
- Obtained amended judgment striking $2.1 million in lost profits from amounts awarded against hospital client and related parties.
- Successfully defended take-nothing summary judgment in favor of client tenant in landlord’s breach of contract claim for over $3 million in damages and summary judgment in favor of tenant for the pro-rated value of the furniture and fixtures left in the leased premises.
- Reversed summary judgment granted by trial court on client plaintiff’s claims for tortious interference with a partnership agreement involving $1.25 million in monies owed to plaintiff client.
- Successfully reversed judgment in favor of a contractor on electrical subcontractor’s claims for nonpayment and obtained rendition of judgment in favor of the electrical subcontractor.
- Reversed trial court’s take-nothing judgment on client electrical subcontractor’s claims against the contractor for nonpayment, and obtained rendition of judgment in favor of the electrical subcontractor.
- Prosecution of electrical subcontractor’s claims through trial and appeal, resulting in successful settlement exceeding $1 million for the amounts owed and attorney’s fees incurred in prosecuting the claims.
- Prosecution of partner’s claims for breach of contract, fraud, and breach of fiduciary duty seeking to recover $1.244 million in profits owed to him by his partner, resulting in an agreed judgment for the full amount owed, plus prejudgment interest and attorney’s fees.
- Numerous settlements negotiating millions of dollars in claims representing both plaintiffs and defendants.
- The University of Texas School of Law, J.D., 1995
- University of Texas at Austin, B.A., 1991 (Plan II Honors Liberal Arts, National Merit Scholar, University of Texas Presidential Scholar)
Admitted to Practice
- Texas, 1995; Supreme Court of Texas; 5th U.S. Circuit Court of Appeals; U.S. District Court, Southern District of Texas.
Professional & Community Involvement
- Member: State Bar of Texas; American Bar Association; Fifth Circuit Bar Association; Houston Bar Association
- Fellow: Houston Bar Foundation; Texas Bar Foundation
- Editor: State Bar of Texas (Editorial Board Member, Litigation Section Newsletter)
Awards & Recognition
- Top Lawyers, Houstonia, 2013
- Houston’s Top Lawyers, H Texas, 2004, 2006, 2010, 2011, 2012
- Texas Super Lawyers, Thomson Reuters, published in Texas Monthly, 2004
- Texas Rising Stars, Thomson Reuters, published in Texas Monthly, 2004
- AV Preeminent Rating, Martindale-Hubbell