Craig A. Albert

Condemnation / Eminent Domain

• Award at special commissioners’ hearing for remainder damage from material impairment of direct access (resulting in award exceeding offer by three times).
• $4.4 million unanimous jury verdict in State’s condemnation of frontage of car wash property rendering property non-conforming with code.
• Award for taking of frontage of undeveloped shopping center tract based upon pad site potential.
• Special commissioners’ award for condemnation of parking affecting function of industrial flex space.
• Condemnation award for car wash owner-operator impacted by road expansion by highway department.
• Successful prosecution of condemnation claim for church related to easement for natural gas pipeline.
• Successful prosecution of condemnation claim for owner of undeveloped property bisected by electric transmission line.
• Grant of expert witness challenge against State’s real estate appraiser for use of non-arm’s length leasehold transaction as comparable.
• Grant of expert challenge against State’s appraisal expert, which ruling contributed to favorable settlement for restaurant property owner impacted by condemnation taking for toll road construction and highway expansion.
• Award in excess of $2 million in condemnation in favor of landowner against high voltage transmission line operator.
• Effective prosecution of water supply district’s superior rights against condemnation initiated by highway department.
• Property owner’s jury verdict against gas pipeline operator for damages to Denton County ranchette from easement condemnation, leading to settlement of companion case.
• Unanimous jury verdict against gas pipeline company in favor of ranch owner recovering compensation for remainder damage caused by pipeline easement condemnation.
• Recovery of $3.85 million award related to taking of 12,000 square feet of frontage from office tower property for expansion of Interstate 35.
• Recovery of $1.8 million award related to city’s taking of retail store site for construction of park.
• Settlement of gas pipeline easement condemnation claim after selection of jury hostile to private company use of eminent domain authority.

Commercial Litigation

• Prosecution of claim for conversion of company stock accomplished by unilateral amendment of bylaws allowing for involuntary buyout of client’s stock (resulting in seven-digit settlement).
• Prosecution of partnership dispute related to unfaithful partner’s undocumented loans of company funds and resources (resulting in settlement on eve of imminent deposition of non-party).
• Defense of claims for interference with lease contract (resulting in modest settlement after productive deposition of plaintiff).
• Bench trial awarding attorney’s fees for defense of declaratory judgment claim.
• Exclusion of appraiser’s sales comparison approach (ultimately resulting in favorable jury verdict).
• Entry of garnishment order in federal court for $3.2 million before judgment.
• Summary judgment dismissing nuisance claim related to debris said to have caused loss of commercial tenant.
• Effective defense of fiduciary claims brought by business partner alleging excess commissions, self-interested transactions, and embezzlement.
• Prosecution of fiduciary claims against managing partner, concluding in favorable settlement reallocating ownership percentages and financial obligations.
• Final judgment approving receiver-conducted partition sale of Piagio aircraft which had been subject to fractional ownership.
• Jury verdict against insurance broker for malpractice in claim submission and in procuring appropriate coverage.
• Effective prosecution of business dispute through receivership to produce new start for construction industry client.
• Plaintiffs’ jury verdict in federal court in Houston on multiple claims of fraud and fiduciary breach against commercial real estate broker.
• Successful defense of $30 million of pooled mortgage repurchase claims asserted in California lawsuit.
• Bench trial prosecution of equipment lease claims in bankruptcy court, including defeat of counterclaims for repair costs.
• Successful prosecution of indemnity claims against equipment manufacturer in defense of trade secret misappropriation lawsuit.
• Prosecution of injunctive claim against trade association to the effect of blocking decertification of client by association.
• Prosecution of fraudulent transfer claims in Illinois lawsuit against individual principals in real estate development company related to excess distributions of net proceeds.
• Favorable settlement against regional bank of statutory conversion claim related to disloyal employee’s theft and deposit of health insurance reimbursement checks.
• Defeat of injunction request sought by national restaurant franchisor seeking decharacterization of former franchise store.
• Effective defense of multi-million dollar fiduciary claim against former regional vice-president of national automotive dealership company.

Commercial Real Estate Litigation

• Defense of claim for breach of retail lease based upon alleged failure of landlord to recognize extension of lease.
• Successful prosection of fraud and deceptive trade practice claims against non-builder seller of residence.
• Successful prosecution of landlord’s claim against commercial tenant for breach of lease and for personal liability for conversion of furniture, fixtures, and equipment.
• Effective defense of commercial landlord’s claim for $700,000 of late fees.
• Successful prosecution of eviction claim against church claiming right-of-first-refusal.
• Summary judgment dismissing all of commercial tenant’s claims (tortious interference and conspiracy) against buyer of Downtown Dallas site for redevelopment.
• Entry of summary judgment dismissing all fraud and misrepresentation claims against real estate broker related to agent’s alleged actions in selling own property.
• Prosecution of claim for real estate developer fee against national bank, concluding in favorable financial settlement.
• Prosecution of fiduciary claim (including lis pendens filing) against joint venture manager, concluding case in forfeiture of self-interested real estate conveyance.
• Entry of summary judgment dismissing $2 million lost profit claim alleged as consequential damages from breach of maintenance covenant in commercial lease.
• Appellate reversal in favor of tenant client by the Dallas Court of Appeals of a summary judgment related to $2 million condemnation award.
• Full summary judgment for Victory Park entity, dismissing plaintiff’s claim to parking revenue for events at American Airlines Center.
• Multi-contractor compromise settlement to secure release of mechanic’s liens from landlord premises related to tenant default.
• Successful defense of claims brought under Interstate Land Sales Act related to condo purchase contracts.
• Favorable settlement of claim for wrongful termination of commercial lease allegedly based upon racial discrimination.
• Service as arbitrator in commercial lease dispute involving triple net lease.
• Effective defense of commercial lessee which abandoned office premises with multi-year term balance and multi-million dollar accelerated rent delinquency.
• Prosecution of commercial lessee’s claim against landlord related to cap on controllable operating expenses.
• Successful defense of mechanic’s lien claim and lis pendens related to alleged partnership with real estate developer.
• Multi-million dollar jury verdict against railroad which caused collapse of drainage culvert and resulting flood of manufacturing facility.
• Summary judgment for commercial lessee against landlord related to unpaid tenant allowance exceeding $1 million.
• Successful prosecution of commercial subtenant claim stemming from landlord’s failure to provide attornment election upon termination of prime lease.
• Summary judgment against defaulting lessee by which the court rejected a constructive eviction claim based upon alleged rat infestation.
• Jury verdict awarding damages to lessee wrongfully denied trade fixtures upon termination of lease.

Real Estate Brokerage Disputes

• Plaintiffs’ jury verdict in federal court in Houston on multiple claims of fraud and fiduciary breach against commercial real estate broker.
• Dismissal of fiduciary claim against real estate broker of purchaser claim alleging confidentiality of 1031 exchange status.
• Defeat of fraud and fiduciary claims asserted against real estate broker related to listing of medical office building for sale lease-back.
• Preparation and successful prosecution of broker’s lien for full payment of commission for sale of substantially same property to identified purchaser.

Residential Construction Liability Litigation

• Summary judgment against condo purchaser on $2 million claim for alleged reduction in value from construction defects.
• Successful defense of developer in action brought by condominium association for construction defects with resolution being achieved through participation of insurers of design professionals.

Insurance Policy Litigation

• Representation of insured in dispute over coverage of third-party claim for personal injuries (resulting in settlement of claim with insurance funds).
• Effective coordination of defense of malicious prosecution action stemming from no-bill of assault charge, including prosecution of claim against insurance company for coverage of defense.
• Summary judgment against insurance company on coverage claim under policy related to construction-based constructive eviction of tenant.
• Pre-suit settlement from insurance company for ammonia-based explosion of cold storage plant.
• Enforcement against insurance company of appraisal provision in property policy and recovery of fees.

Employment Related Claims

• Dismissal of non-compete covenant and compensation claims from federal case asserting supplemental jurisdiction.
• Defense of sales commission claims related to security clearance sales out of territory prescribed by company.
• Effective defense of nationally syndicated radio personality from injunction suit to enforce non-compete covenant prohibiting particular radio format.

Attorney Fee Expert and General Counsel

• Trial testimony as fee expert.
• Service as outside counsel for Victory Park.

• B.A., University of Texas, with honors in Plan II, 1986
• J.D., University of Texas, 1990
• Admitted to: U.S. District Court for the Northern, Southern, Western, and Eastern Districts of Texas
• Board Certified – Consumer and Commercial Law Texas Board of Legal Specialization

• Condemnation / Eminent Domain
• Complex Commercial & Business Litigation
• Real Estate Litigation
• Financial Services Litigation
• Trade Secrets & Non-Compete Litigation

• Methodist Health System Foundation Executive Committee
• Young Catholic Professionals Mentoring Program