Matthew W. Caligur

Experience

Commercial Litigation

• Represented an international manufacturer of on-highway diesel engines in dispute with fleet customer in one of the first cases tried to a verdict involving U.S. Environmental Protection Agency emissions standards for model year 2004.
• Represented a global leader in providing pre-engineered and custom-engineered air pollution control systems and services in contract dispute against a municipal utility resulting in a landmark Texas Supreme Court opinion on governmental immunity issues.
• Represented an international healthcare services company in several matters relating to contract disputes over outsourced hospital pharmacy management services.
• Represented a leading producer of fiber-based packaging, pulp and paper in a multibillion-dollar environmental civil penalty action brought by local governmental entity.
• Represented a global medical technology company in a multimillion-dollar contract dispute involving diagnostic imaging equipment and related service agreements.
• Represented an engineering, procurement, construction and installation company in an arbitration involving a contract dispute arising from the engineering and construction of an offshore spar serving as the world's deepest dry-tree platform.
• Represented international heavy truck and engine manufacturer in dispute with overseas parts supplier.
• Represented a national retailer in contract dispute with overseas supplier involving fraudulent wiring instructions.
• Represented a national operator of drug rehabilitation and mental health treatment centers in dispute with managed care company over reimbursement for toxicology screening services.
• Represented molecular pathology laboratory and shareholders in dispute over purchase and sale agreement.
• Represented group practice specializing in allergy, asthma and clinical ENT services in contract dispute over partnership and employment agreement with retiring shareholder.
• Represented regional medical center in dispute with managed health care companies over out-of-network billing for laboratory services.
• Represented employee-owned company in dispute with prescription benefit management company involving withholding of reimbursement payments.

Customs and International Trade

• Regularly counsels clients on a variety of U.S. customs issues, including tariff classification, valuation, country of origin determinations, free trade agreements, penalty proceedings and duty-preference programs.
• Represented a multinational automotive manufacturer in a $42 million civil penalty case involving record-keeping requirements under the North American Free Trade Agreement (NAFTA).
• Represented a multinational automotive manufacturer in matters seeking duty refunds in connection with drawback claims and reconciliation entries subject to deemed liquidation.
• Represented a global provider of orthopedic devices in an internal review of classification decisions and claims for preferential duty treatment under NAFTA.
• Represented an importer of heavy-duty modular transporters contesting U.S. Customs and Border Protection’s (CBP’s) decision to alter its classification position without notice as required under 19 USC § 1625(c).
• Represented an importer of steam turbine rotors in responding to a notice of penalty issued in connection with a temporary import under bond.
• Represented clients in the preparation and submission of prior disclosures to CBP.
• Represented clients in the preparation and submission of voluntary self-disclosures to the Bureau of Industry and Security of the U.S. Commerce Department and the U.S. Census Bureau.

Product Liability

• Represented a healthcare services company and employee pharmacists in a wrongful death action arising from an alleged prescription error involving look-alike and sound-alike drug names.
• Represented a manufacturer of portable mechanical ventilators in a wrongful death case alleging that the unit failed to emit audible or visual alarms.
• Represented the manufacturer of a large-volume infusion pump in a case alleging violations of the False Claims Act.

Memberships

• Defense Research Institute
• Federal Bar Association
• Houston Bar Association
• Texas Bar Foundation

Community

• City of Sugar Land Planning and Zoning Commission: Commissioner
• Central Houston, Inc., Audit Committee: Member

Pro Bono

• Obtained final judgment ordering the return of a child to the child’s country of habitual residence in an international child abduction case brought under the Hague Convention on the Civil Aspects of International Child Abduction.
• Handled immigration matters involving political asylum, Special Immigrant Juvenile status, and related administrative and equitable relief.
• Handled probate claims and landlord/tenant disputes for clients in connection with the Houston Volunteer Lawyers Program.