provostumphrey

Monday, 11 January 2016

In The Community

The personal injury trial lawyers at the Provost Umphrey Law Firm have a strong commitment to the communities where they live and work. At local, state, and national levels, our 27 attorneys and our 200 staff members give their time, money, and experience to charitable, political, and educational causes. Our involvement includes:

Civil Service Commission
YMCA Boards
Boy Scout Board
United Way
CASA Organization
Local bank boards
Civic and charitable cause leadership
Lectures at colleges and universities
Testimony before U.S. Senate and U.S. House of Representatives committees
Appointments by the President of the U.S. and the Governor of Texas

Provost Umphrey Partners with Veteran Contact Center

Provost Umphrey is proud to have joined forces with the Veteran Contact Center to create jobs for veterans via a new outreach and verification program. The purpose of the program is to contact Provost *Umphrey's existing clients to validate and verify their names, addresses, and other contact information. This unique partnership has provided a better opportunity for Provost *Umphrey to serve the community and clients, while providing gainful employment and responsible opportunities to veteran families. The duo is also looking at other initiatives that they can utilize to provide opportunities for this deserving group of veterans.

Walter Umphrey to be Honored at Celebrity Roast

On February 20, 2014, the Spindletop Rotary Club of Beaumont will hold its Second Annual Celebrity Roast. This year the Spindletop Rotary Club of Beaumont will honor Walter Umphrey. The event will be held at the MCM Elegante' Hotel Ballroom starting at 6:00 pm with cocktails (cash bar), dancing and photo opportunities. A gourmet dinner prepared by Chef Steve McGaha will be served at 7:00pm.

Provost Umphrey Attorney Mark Sparks Named Jefferson County Pro Bono Lawyer of the Year

Mark Sparks, a Board Certified personal injury trial lawyer has been honored by the Jefferson County Bar Association as Lawyer of the Year for his tireless work on behalf of clients with the Bar's pro bono program.

Sparks was presented with his award at the "Celebrate Pro Bono" luncheon Monday, October 23.

Provost Umphrey Law Firm Dedicated to the Fight Against Breast Cancer

Nearly 30 Provost Umphrey Law Firm employees joined more than 4,000 Southeast Texans at the American Cancer Society's Making Strides Against Breast Cancer 5K, Saturday, October 20. The event and the dollars raised from it help the Society provide free resources and support to the one in two women newly diagnosed with breast cancer in the Southeast Texas area.

This is the second Breast Cancer Awareness Month event in which Provost Umphrey Law Firm staff members have participated this October, exemplifying the firm's outstanding commitment to the fight against cancer.

Honors and Awards

Verdicts and Settlements

Asbestos

Cimino vs. Raymark Industries, et al - This landmark asbestos consolidation of 2,298 cases resulted in a large settlement awarded by order of the court after 18 trial case verdicts and 160 mini-trials on damages.
Verdict in a case against Pittsburgh Corning and PPG Industries on behalf of seven families with varying degrees of asbestos-related diseases.

Business & Financial Litigation

A Harris County State District Court jury awarded a $65 million verdict against First National Bank of Edinburg and the Merensky Reef Hospital Corporation in favor of six investors that were defrauded by the financial institution and healthcare management company. Judge Matthew's decision follows the conclusion of a five week jury trial that culminated in a unanimous verdict against First National Bank Edinburg, Merensky Reef Hospital Corporation and Conroe area attorney Eric Yollick wherein the jury found these Defendants committed fraud when they wrongfully conspired to take possession of three hospitals purchased by the investor Plaintiffs.
Settlement as co-counsel in a class action lawsuit against Waste Management, Inc. alleging securities fraud, a settlement which ranks among the largest of its kind.
Several settlements (to date) in the largest qui tam lawsuit of its kind brought under the False Claims Act on behalf of the United States of America, alleging oil royalties due the United States for oil production on federal and Indian owned lands were underpaid by 18 of the largest American oil companies. Provost Umphrey Law Firm served as lead counsel.
Settlement as co-counsel in a class action lawsuit brought by Third Party Payor's against Mylan Laboratories, Inc. alleging violations of various state antitrust and consumer protection laws.
Settlement awarded to the City of Port Arthur and other Texas cities in its class action lawsuit against Southwestern Bell Telephone Co. involving underpayment of franchise fees owed to the class member cities. Provost Umphrey served as lead counsel.
Settlements against Fortune 500 companies for failure to pay workers in compliance with Federal Fair Labor Standards Act.
Settlement in which Provost Umphrey successfully represented a class of 57 Texas Municipalities against one of the largest utility service providers in the country. The case involved enforcement of the cities' franchise ordinances providing for the payment of fees for the use of streets.
Settlement as co-counsel of a Tennessee State class action against various chemical companies alleging price fixing in the sale of the food preservative, potassium sorbate.

Personal Injury & Wrongful Death

In 2006, Provost Umphrey equity partner Paul "Chip" Ferguson obtained the largest verdict nationally for a side underride case. Ferguson obtained a $36 million verdict in Falcon v. Lufkin Industries, a case tried in Panola County, Texas. The verdict remains the largest verdict ever obtained in a side underride case and has been nationally recognized, and selected as a Top 10 verdict by Lawyers USA and among the Verdict Search Top 100.
Settlement in qui tam whistleblower lawsuit brought on behalf of the United States of America against the Boeing Co. alleging the use of defective material in gears for Army Chinook Transport helicopters resulting in the loss of Marine soldiers' lives and several helicopters. Provost Umphrey served as co-lead counsel.
Settlement arising from a brain damage baby claim when the doctor and hospital failed to complete a cesarean section removal of the child in a manner consistent with reasonable medical practices.
Settlement on behalf of a worker injured as a result of exposure to Hydrogen Sulfide gas at a paper mill.
Settlement resulting from a complex multi-party death and property damage claim involving the collapse of the Jefferson County Airport roof.
Settlement resulting from the brain damage and ultimate death of a woman undergoing a D&C procedure. Hospital staff and doctor failed to monitor patient in the post-operative recovery area resulting in her crashing with subsequent brain damage and death.
Settlement resulting from a motorcycle accident which caused brain and spinal injuries to the motorcycle rider.
Judgment against Defendant doctor and judgment against Defendant hospital for failure to diagnose fetal distress, which resulted in brain damage.
Settlement in a case for an injured electricians apprentice, who was injured a result of a premises owner's failure to provide adequate fall protection.
Settlement achieved on behalf of a widow and her unborn child in the death of her husband due to negligent pipeline construction and cable.
Settlement arising out of the failure of a hospital's staff and doctors to properly monitor the respiratory therapy of a patient suffering through adult respiratory distress syndrome causing anoxic encephalopathy and brain damage.
Award on behalf of a 27-year-old woman who was injured in an 18-wheeler accident and was unable to continue her studies to become a physical therapist due to negligence of Fleet Line Trucking, Inc.
Settlement arising out of a Death on the High Seas Act claim brought on behalf of the widow of a man who was killed when the helicopter that he was riding in crashed in the Gulf of Mexico.
Settlement plus 4 year college or technical school tuition and books settlement against railroad on behalf of signalman injured while lifting battery box lid.
Settlement against manufacturer of packaging equipment that allegedly caused plastics to be wrapped with food product.

Pharmaceutical

Settlement as co-counsel in a class action lawsuit against Dupont Merck Pharmaceutical Company alleging violations of various state consumer protection laws in the sale of an anticoagulant drug.

Toxic Tort

Settlement on behalf of 200 plaintiffs against 12 to 14 petrochemical companies alleging mismanagement of gasoline distribution facilities. Injuries included illness, property devaluation and loss profits resulting from soil and ground water contamination.
Verdict on behalf of a 68-year-old man who died from leukemia associated with his Benzene exposure at multiple locations, including Mobil.
Verdict in a Benzene exposure case brought on behalf of the surviving family members of a petrochemical worker
Settlement in Travis County, Texas in a case alleging ground water contamination by a major oil company.
Verdict on behalf of a sandblaster exposed to silica on the job.
Benzene settlement resulting from the diagnosis and death of four leukemia stricken petrochemical workers.
Settlement awarded in a bladder cancer case resulting from exposure to carcinogenic chemicals in the petrochemical industry.

FLSA WAGE AND HOUR ACTION ATTORNEYS

The Fair Labor Standards Act (FLSA) and various states’ wage laws establish minimum wage, overtime pay and record keeping standards for employers and their employees.

Provost Umphrey helps workers who have been wrongfully denied overtime, underpaid or forced to work “off – the – clock” recover unpaid wages. If you or a loved one were denied overtime pay or were not properly paid, contact Provost Umphrey Law Firm for a free consultation at 1-409-203-5030.

COMMON VIOLATIONS OF WAGE & HOUR LAWS

MISCLASSIFICATION OF WORKERS

Some employees are considered “exempt” from overtime pay requirements. However, employers often wrongly misclassify employees as “exempt” based on a mistaken belief that all salaried employees are “exempt” or employees with the title of “manager” or “supervisor” are exempt from overtime pay requirements regardless of their job duties. Employers also often mistakenly misclassify employees who they control as “independent contractors” to try to avoid paying overtime pay.

UNPAID “OFF THE CLOCK” WORK

Employers violate the law when they don’t pay employees for all time spent working for the employers’ benefit regardless of whether the work is done before, during or after shift.

SHARING TIP POOLS WITH NON-TIPPED EMPLOYEES

Tip pools are where bartenders, busboys and waiters/waitresses put their tips in a pool that is later divided among those tipped workers. Employers violate the law when they allow non-tipped employees to share a portion of the tips causing the tipped workers’ pay to fall below the minimum wage.

PAYMENT OF “COMP TIME” INSTEAD OF OVERTIME

Private employers violate the law when they give their employees “comp time” instead of overtime pay. Only state and local government employees can legally be given “comp time” in place of overtime pay.

If you or a loved one were denied overtime pay or were not properly paid, contact Provost Umphrey Law Firm for a free consultation at 1-409-203-5030.

Texas Toxic Tort Lawyer

Houston Benzene Exposure Attorney

The Provost Umphrey Law Firm was founded in Beaumont, near the heart of the Southeast Texas petrochemical industry, in 1969. Our trial lawyers made an early commitment to representation of workers exposed to chemical hazards, and our firm continues to actively uphold that commitment today. We do so on a nationwide basis, helping maritime workers, union workers and other hardworking Americans seek compensation for serious injuries and illnesses caused by toxic chemicals and corporate negligence.

Groundbreaking Lawyers in Asbestos, Benzene and Silica Exposure Litigation

You can turn to our firm with confidence that our Texas toxic tort attorneys will engage with your case and apply the knowledge to offer sound legal guidance. Among our areas of strength are results-driven advocacy for individuals and families who are:

Victims of asbestos exposure resulting in mesothelioma or another asbestos-related cancer
Benzene exposure victims in the oil industry, maritime industry and other occupations, struck by devastating cancers and blood diseases such as leukemia, myeloma and lymphoma
Silica exposure victims suffering from silicosis, lung cancer and other potentially fatal conditions due to their work in oil fields and refineries, foundries, mining, construction, demolition, manufacturing, plumbing and other industries

More Than Four Decades of Integrity and Commitment to Workers

Our law firm's position as a national leader in toxic torts litigation has deep roots. The Provost Umphrey Law Firm has represented tens of thousands of victims of toxic exposure, compiling achievements and assets including:

Our trial attorneys tried and won the nation's first class action personal injury trial involving asbestosis.
Our law firm won an asbestos lawsuit decision awarding a significant settlement to more than 2,000 plaintiffs.
We have documented successes via settlement and jury verdict at all levels of the court system, for victims of benzene exposure, silicosis and other diseases caused by toxic exposure.
All of our equity partners, as well as many other attorneys at our firm, are board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

Handling Toxic Exposure Litigation Nationwide

To discuss your rights after toxic exposure injury or wrongful death in your family, please contact us today. We offer a free initial case evaluation and do not collect attorney fees unless we succeed in obtaining compensation for you.

Beaumont Drunk Driving Accident Attorney

Texas Dram Shop Liability Lawyers

Few events in life are more devastating and difficult to recover from than being victimized yourself or losing a family member in a drunk driving accident. If this has happened to you, our attorneys and professional staff are here to step in, offer caring and informed counsel, and advocate aggressively for the financial compensation you deserve.

Addressing All Legal Angles in Our Fight to Win Justice for You

Although fault may seem clear if the driver who hit you was charged with DUI, many other aspects of your case may be complex. We are adept at analyzing and valuing the full impact of your injuries or loss, and in determining whether liquor liability or dram shop laws should be invoked to hold someone other than the driver accountable for negligence that caused your crash.

Proving All Forms of Negligence Relevant to Your Case

We know from experience that liquor liability claims – against a bar or restaurant that over-served alcohol, served a minor or failed to take action to stop an intoxicated person from driving, for example, can yield compensation far greater than auto insurance policy limits in many cases. Having a car accident attorney prepared to investigate this angle is especially critical when the drunk driver who caused your crash is also uninsured or underinsured.

We operate a personal injury law firm steeped in a tradition of fighting for justice, and one that subscribes to the motto "the people's safety is the highest law." Our Beaumont drunk driving accident lawyers recognize that you may be focused on seeing justice done and proper legal action taken as well as recovering compensation to help you move forward in life.

Relentless Effort by Proven Negotiators and Trial Attorneys

As in all our practice areas, we take a thorough, comprehensive approach to the investigation of drunk driving accidents. We may call upon nationally recognized toxicologists and other experts in order to build the best possible case for you. To work closely with a law firm that will focus intently on your case and your needs, please call or e-mail us now and request a free, no-risk case evaluation.

Southeast Texas Wrongful Death Attorneys Practicing Nationwide

Catastrophic accidents and serious injuries call for representation by lawyers determined to win the best possible outcomes for victims. Your ability to obtain justice and get the financial compensation you deserve will likely depend on your attorney's skills and your law firm's collective experience and resources.

Beginning in 1969, the Provost Umphrey Law Firm has upheld a strong commitment to fighting for the legal rights of workers, individuals and families. All of our equity partners and many associates are board certified in personal injury trial law by the Texas Board of Legal Specialization – a key qualification because only approximately 10 percent of all Texas lawyers earn certification in their chosen practice areas.

Experience Across the Spectrum of Injuries and Fatalities Caused by Negligence

Our Texas personal injury attorneys have built a reputation for delivering results for clients throughout Texas, the Southeast, along the Gulf Coast and nationwide. Our firm's areas of focus include:

Wrongful death and catastrophic personal injury claims
Products liability and premises liability claims
Pharmaceutical and medical device litigation
Car accidents, trucking accidents, motorcycle wrecks, airplane and helicopter crashes and other forms of motor vehicle and aviation injuries
On-the-job injuries, whether on land or offshore and governed by maritime law, as well as debilitating illnesses caused by chemical exposure

Diligence, Determination and Resources to Get Results for You

You can turn to our law firm with total confidence that:

In personal injury and wrongful death claims, we represent individuals and families – never insurance companies.
Your case will be assigned to a lawyer experienced in dealing with your type of accident or toxic exposure and injuries.
We will get involved right away to investigate what happened and preserve evidence – and stay responsive to you through every phase of your case.
We will call upon quality expert witnesses as needed to build the strongest possible case for you.
Our attorneys will carefully consider all potential causes of your injuries and pursue all viable sources of compensation.

Free Case Evaluation and No Up-Front Attorney Fees: 888-588-1695

We have won major verdicts and settlements by opposing wealthy and powerful insurers, manufacturers, pharmaceutical companies and other corporations, demonstrating that no case is too complex or challenging for our attorneys. To discuss your potential personal injury or wrongful death claim with a caring lawyer committed to justice and integrity, contact our firm's Beaumont, Texas, headquarters today.