Defense Win on Summary Judgment for Jewelry Show Client

We are proud to announce that Nelson Skyler and Jamie Beller achieved a significant victory for our Jewelry Show client. The Honorable Judge Shuchart granted our client’s traditional and no-evidence motions for summary judgment, resulting in the complete dismissal of all claims against our client with prejudice.

In this matter, the plaintiffs asserted causes of action for negligence, gross negligence, fraud, violations of the Texas Deceptive Trade Practices Act (DTPA), and breach of express and implied warranties, following the theft of the Plaintiffs’ merchandise at the close of a Houston jewelry show. Our legal team demonstrated that these claims were barred by a clear "hold harmless" provision in the Application and License Agreement, which the plaintiffs had executed as a condition of participating in the jewelry show. This provision released our client from liability for losses, including theft, negligence, or other causes.

The court further agreed there was no evidence to support any essential elements of the plaintiffs’ claims—including the absence of duty, breach, or causation for negligence; lack of evidence for gross negligence; no proof of false representations or causation regarding fraud; and no evidence to sustain breach of warranty or DTPA claims. The plaintiffs also failed to show that any act or omission by our client was connected to the alleged loss or damages suffered.

This favorable result underscores our firm’s ability to effectively defend our clients against complex and high-exposure claims by leveraging clear contractual protections and methodical no-evidence arguments.