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I. Commercial Litigation
Mr. Tyler has extensive trial experience in a wide variety of commercial disputes. John Tyler has an outstanding record of success in these cases, as shown by the cases listed on
the Results page. Mr. Tyler's experience includes cases involving:
A. Breach of Contract
B. Fraud
C. Negligent Misrepresentation
D. Construction Disputes
E. Suits Against Insurance Companies, Including "Bad Faith" Actions Under Article 21.21 of the Texas Insurance Code
F. Tortious Interference with Existing and Potential Contractual and Employment Relationships
G. Violations of State and Federal Securities Laws
Mr. Tyler represented the world's largest producer of ethylene plastic in a $3 billion per year contract dispute. Mr. Tyler recovered a $1,200,000 verdict in an employment
contract case. Mr. Tyler has also represented major financial institutions as well as borrowers in cases involving unpaid loans in excess of $20,000,000. Mr. Tyler has also
handled construction cases involving a major downtown office building and numerous buildings constructed for school districts in Texas.
II. Employment Litigation
Mr. Tyler has experience handling employment litigation cases, including employment contract suits, wrongful terminations, employment discrimination, Fair Labor Standards
Act cases, and sexual harassment cases. Mr. Tyler received a jury verdict of $1,200,000 in an employment case. Please see the Results page.
A. Wrongful Discharge from Employment
Employers may not terminate an employee in violation of a valid contract of employment. Even in the absence of an employment contract, federal and Texas law
limit the power of an employer to terminate an employee's job. If you have been wrongfully terminated, you are entitled to recover your damages. Depending on
the facts of your case, these damages can include back pay, future pay, mental anguish, punitive damages, interest and attorney's fees. Mr. Tyler has
recovered a verdict of $1,200,000 in a wrongful termination case.
B. Federal statutes prohibit discharge for the following reasons, among others:
1. age
2. race, color, sex, religion, or national origin
3. disability
4. refusing to take a lie detector test
5. declaring bankruptcy
6. filing a wage ("overtime") or hour claim under the Fair Labor Standards Act
7. "whistle-blowing" regarding illegal acts of the employer
C. Texas statutes prohibit discharge for the flowing reasons, among others:
1. race, color, disability, religion, national origin, age, or sex
2. mental retardation
3. filing a workman's compensation claim
4. serving in the United States military
5. serving on jury duty
6. taking time to vote
7. "whistle-blowing" under some circumstances
8. Texas law also prohibits an employer from terminating an employee for refusing to perform an illegal act. Sabine Pilot Serv. V. Hauck, 687 S.W.2d 733,
735 (Tex. 1985).
D. Employment Discrimination. Federal statutes prohibit discrimination in the workplace. If you suffer from discrimination in any of the following areas, you
may have a significant claim against your employer. These actions can include recoveries for actual damages, attorney's fees, and even punitive damages under
some circumstances.
1. Employers are prohibited from discriminating against employees in all aspects of employment, from recruitment to termination, based on race, color,
religion, sex, or national origin by Title VII of the Civil Rights Act of 1964, (Equal Employment Opportunity Act), 42 USC Sections 2000e-2000e-17.
2. Employers are prohibited from discriminating against workers over 40 on the basis of their age. The Age Discrimination in Employment Act (ADEA) of
1967, 29 USC Sections 621-634, prohibits employers from discriminating on the basis of age at any stage of the employment process, including, but not
limited to, application, interview, hiring, promotion, compensation, benefits, job assignments, training and termination.
3. Employers are prohibited from discriminating against disabled workers by the Americans With Disabilities Act of 1990 (ADA), 42 USC Sections
12101-12213. Furthermore, if an employee is disabled, the employer must make reasonable accommodations to allow a disabled person to perform a job in
the same manner as a non-disabled employee. These accommodations can include such things as changing schedules, providing special equipment, and even
translators and readers to assist the disabled employee.
4. Employers are prohibited from discriminating against women by paying them less than they pay men. The Equal Pay Act (EPA) of 1963, 29 USC
Sections 206(d), requires that employers pay male and female employees the same wage for performing the same job. In short, the Equal Pay Act mandates
"equal pay for equal work."
5. Employers are prohibited from discriminating against pregnant employees on the basis of pregnancy, childbirth, or related medical conditions, including
abortions. The Pregnancy Discrimination Act of 1978, 42 USC sec. 2000e requires that pregnant employees be treated just the same as other temporarily
disabled employees with regard to hiring, promotion, pay increases, health insurance, seniority, and other benefits.
6. Employers are prohibited from discriminating against employees because of their religious beliefs. Title VII of the Civil Rights Act of 1964, (Equal
7. Employment Opportunity Act), 42 USC Sections 2000e-2000e-17 prohibits employers from discriminating against employees because of their religion in
hiring, firing, and other conditions of employment.
E. Fair Labor Standards Act
1. The Fair Labor Standards Act, or "FLSA" (29 U.S.C. sec. 201 and following) is a federal law that sets minimum wage and overtime requirements for
covered employees (most non-salaried employees). It is sometimes called the most violated employment statute in America. This statute covers all
businesses engaged in interstate commerce, which includes almost every business in America.
2. The FLSA requires that all covered employees (most non-salaried employees) receive overtime pay for all hours worked in excess of 40 hours per week.
3. Employees who have not been paid as required by this statute are entitled to sue for two times the back pay they are owed, plus attorney's fees and court
costs.
F. Sexual Harassment
1. Sexual harassment in the workplace is prohibited by federal and state statutes. Both inside and outside of the workplace, sexual harassment can constitute
an illegal tort.
2. All employees are protected from unwelcome harassment based on sex by two federal statutes.
3. Sexual harassment by an employer is prohibited by Title VII, Civil Rights Act of 1964, (Equal Employment Opportunity Act), 42 USC sections
2000e-2000e-17.
4. Sexual harassment by a co-worker or supervisor is prohibited by The Civil Rights Act of 1991, 42 USC section 1981. The Civil Rights Act of 1991,
enacted in part to reverse several United States Supreme Court decisions that limited the rights of persons protected by these laws, authorizes compensatory
and punitive damages in cases of intentional discrimination, and provides for obtaining attorneys' fees and the possibility of jury trials.
5. These two federal statutes are mirrored in sections 21.258 and 21.051 of the Texas Labor Code.
6. Generally, there are two types of sexual harassment claims: (1) "quid pro quo" (Latin for "give me this and I will give you that"), and (2) "hostile work
environment."
a. "Quid Pro Quo" sexual harassment occurs when a supervisor or one in an authority position requests sex, or a sexual relationship, in
exchange for not firing or otherwise punishing the employee, or in exchange for favors, such as promotions or raises.
b. "Hostile Work Environment" sexual harassment occurs through the presence of demeaning or sexual photographs, jokes or threats that
impede an employee's ability to do his or her job.
7. Illegal sexual harassment can be perpetrated by women as well as men, and against employees of either the same or different genders.
8. In addition to these two federal statutes, Texas tort law may provides protection from sexual harassment, both inside and outside the workplace, under
traditional theories of assault and battery (unwanted touching), offensive physical contact, false imprisonment, negligence, and premises liability.
9. If you have been sexually harassed, inside or outside the work environment, you may be entitled to a large number of remedies, including actual damages,
exemplary damages, and attorney's fees.
III. Medical Malpractice
Medical malpractice kills an estimated 98,000 Americans per year, according to the National Academy of Sciences Institute of Medicine. This is twice the number of Americans
killed in automobile accidents each year. Other research suggests that the human toll may be far higher, with preventable errors and negligence taking the lives of 195,000 people
each year. ["To Err is Human: Building a Safer Health System," Institute of Medicine, 2000; "Patient Safety in American Hospitals," HealthGrades, July 2004].
Physicians and other health care providers are liable if they are negligent and their negligence causes harm to their patient. Whether the physician or health care provider was
negligent depends on whether they breached the "standard of care," which must usually be established at trial by expert testimony.
Medical malpractice claims are difficult cases for attorneys to bring because they require a command of medical issues as well as legal skill. John Tyler has an outstanding record
of success in these cases, as shown by the cases listed on the Results page.
In 2003, the Texas Legislature made sweeping changes to the law governing medical malpractice cases, making them more difficult for the patients to win and arbitrarily limiting
the amount of damages that can be recovered. The changes went largely unnoticed by the public at the time, but now that the unfair effects of these new laws are being seen these
changes are becoming controversial. Mr. Tyler is committed to challenging the constitutionality of these laws in every case he handles.
Fair and just recoveries are still possible, however, in some cases. These cases usually involve individuals with expectations of future incomes that have been lost, individuals
who will incur large medical bills in the future, or individuals who provide significant services within a family unit, particularly mothers. Mr. Tyler welcomes all inquiries
regarding medical malpractice claims and evaluates each potential case carefully at no charge to the potential client.
IV. Personal Injury
Texas law protects us from personal injuries under a wide range of theories. John Tyler has handled personal injury cases under most of these theories. Please see the Results at
this link: Results. Below are theories available under Texas law in personal injury cases.
A. Negligence. If a person fails to use ordinary care and that failure causes personal injury to another, that person is responsible for all the damages caused by the
failure to use ordinary care. This is the legal theory used for recovery in many automobile accident cases.
B. Negligence "Per Se." If a person commits a criminal or other illegal act and thereby injures another person, that person is responsible for the personal injuries
caused thereby. If an employer fails to comply with governmental statutes and regulations to keep a workplace safe, for example, the employer can be held liable
for all the resulting injuries.
C. Negligent Hiring. An employer that negligently hires, supervises, trains, or retains an employee can be held liable for personal injuries caused by the unfit
employee to other employees or the public at large, even if the employee is acting outside the course and scope of his employment at the time he or she causes
the injury.
D. Negligent Entrustment of a Motor Vehicle. If a vehicle owner negligently allows an unlicensed, incompetent, or reckless driver to use his or her vehicle, the
vehicle owner becomes liable for any injuries caused by the driver's negligence.
E. Premises Liability. If a person who owns or controls property fails to keep it in a safe condition, that person may be liable for injuries caused by the unsafe
condition of the property
F. Medical Malpractice. A healthcare provider can be liable for personal injuries caused by that provider's failure to comply with the standard of care. Please see
the Medical Malpractice page.
G. Products Liability. A manufacturer who places an unreasonably dangerous or a defective product into the stream of commerce can be held liable for the injuries
caused by the product. Please see the Products Liability page.
H. Damages for Personal Injuries. Recoverable damages in personal injury cases can potentially include:
a. physical pain and suffering,
b. mental anguish,
c. disfigurement,
d. physical impairment,
e. medical expenses,
f. loss of earning capacity,
g. loss of consortium (loss of love, companionship, and other elements of a husband-wife or a parent-child relationship when a family member is
injured),
h. loss of services (loss of performance of domestic and household duties when a family member is injured), and
i. exemplary damages.
V. Wrongful Death
In the event of a wrongful death, there are two types of death actions that can be brought under Texas law. Wrongful death recoveries by Mr. Tyler include 4 cases at $5,000,000
each and another at $2,000,000. Please see the Results page.
A. Survival Action. The Texas Survival Statute, Civil Process and Remedies Code sections 71.021-71.022, allows the estate and heirs of the deceased to bring
actions accruing to the decedent for personal injury, intentional infliction of emotional distress, defamation, whistleblower actions, and federal civil rights actions
under 42 USC section 1981.
B. Wrongful-Death Action. The Texas Wrongful Death Statute, Civil Process and Remedies Code sections 71.001-71.012, permits the surviving spouse, parents,
and children of the deceased to sue for any wrongful act, neglect, carelessness, unskillfulness, or default causing death.
C. Wrongful Death Damages. Under the Wrongful Death Statute, the decedent's survivors can recover damages for pecuniary (money) losses, loss of
companionship and society, mental anguish, and exemplary damages.
D. Damages Caps In Medical Malpractice Death Cases. Wrongful death damages in medical malpractice claims are capped at approximately $1,300,000.
Exemplary damages are capped in most cases at the greater of either (1) an amount equal to (two times the amount of economic damages) plus (the non-economic
damages found by the jury, not to exceed $750,000), or (2) $200,000.
VI. Products Liability Cases
Texas law protects us against injuries caused by defective products, in all types of products, from electrical appliances and power tools to automobiles. Please see the Results
page.
A. Elements of the Action. To recover for injury from a defective product, one must show that the manufacturer placed the product into the stream of commerce,
that the product was in an unreasonably dangerous or defective condition, and that the unreasonably dangerous or defective condition caused the injury to the
plaintiff. A "defective condition" usually means that the product was either defectively designed, defectively manufactured, or defectively "marketed" (the
manufacturer failed to put adequate warnings on the product.)
B. Damages. People who are injured in products cases can recover a wide variety of damages based on the facts of their case. These damages potentially include:
a. physical pain and suffering,
b. mental anguish,
c. disfigurement,
d. physical impairment,
e. medical expenses,
f. loss of earning capacity,
g. loss of consortium (loss of love, companionship, and other elements of a husband-wife or a parent-child relationship when a family member is injured),
h. loss of services (loss of performance of domestic and household duties when a family member is injured), and
i. exemplary damages.
C. Defective Medical Devices. In 1976, in response to mounting consumer concern over, among other things, defective intrauterine devices, Congress passed
the Medical Device Amendments (MDA) to allow the Food and Drug Administration (FDA) to regulate medical devices. This federal statute "preempts"
(overrules) Texas state products liability law.
VII. Toxic Torts
John Tyler has extensive experience litigating toxic tort cases. Originally, he defended a large number of major oil and chemical companies in toxic tort cases for approximately
eight years before changing his practice to represent individuals. Mr. Tyler represented a group of individuals and families in an arsenic exposure case that settled for
$123,500,000. This case was the headline story in the January 23, 1995 edition of THE TEXAS LAWYER. See "Arsenic Horror Brings A Rush of Settlements."
Toxic torts are injuries to the person or property resulting from chemical and pesticide exposures. Many cases involve cancer, such as leukemia resulting from benzene exposure,
and others involve birth defects and other health problems.
The legal theories used to sue the manufacturers of toxic substances and the misusers of these toxic substances include negligence, products liability, toxic trespass, and nuisance.
Negligence per se actions are also filed based on the violation of federal and state statutes and regulations, including the OSHA Hazard Communication ("Hazcom") Regulations,
the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Federal Food, Drug, and Cosmetic Act (FFDCA).
