Ethan D. Carlyle

Experience

• Obtained a judgment for $2.8 million on behalf of an energy company against a biofuels manufacturer and supplier. Eventually collected more than $2 million of the judgment through various post-judgment actions, including garnishments, turnovers and appointment of a receiver.
• After a gas station employee allowed customers to charge gas and other purchases to a client’s gas card in exchange for cash, filed a lawsuit and collected $9,000 on behalf of the client against the gas station owner.
• Obtained a judgment for $2.9 million after a two-week trial on behalf of a Houston-based fuel trader against Canadian entities and its principal in a collection matter based on fraudulent transfer and alter ego theories. The judgment forced the defendants into bankruptcy in Canada, and eventually their $50 million biodiesel plant was placed in receivership.
• Obtained a settlement on behalf of a food service supplier against a salesman accused of pocketing cash received from customers, and ultimately pursued a claim in the salesman’s bankruptcy proceedings as an unsecured claim.
• Obtained a judgment for $30,000 on behalf of a chemical supplier against a customer who could not pay after a drop in the price of oil. Collected the full amount of debt after working out a settlement and payment plan.
• Served as second chair in a two-week first-party insurance trial before a federal judge in the Northern District of Texas and was the sole drafter of the winning Renewed Motion for Judgment as a Matter of Law that completely overturned a $9 million-plus verdict and resulted in the 144-page opinion.
• Served as first chair in the representation of a large national insurance company in a lawsuit involving claims of bad faith insurance practices and breach of contract in a Missouri state court.
• Served as first chair in representation before the Wyoming Department of Labor, successfully representing a drilling company in a Title VII sexual harassment and retaliation claim.
• Served as second chair in a two-week personal injury trial in Texas state court representing a general contractor where a favorable settlement was obtained during jury deliberations that saved the client more than $1 million.
• Served as first chair in an administrative law proceeding before the Federal Mine Safety and Health Review Commission in Corpus Christi, Texas, representing an industrial cleaning contractor where a favorable settlement wiping out a 104(d) “unwarrantable failure” and high negligence finding was obtained before the Secretary of Labor rested.
• Served as first and second chairs in the representation of a major auto manufacturer in property damage matters in 13 western region states.