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John R. Hardin

Partner
+1.214.939.5612
Fax +1.214.939.5849
+1.713.815.7300
Fax +1.713.815.7301
Mr. Hardin handles complex commercial litigation matters, with an emphasis on insurance coverage for corporate policyholders and real estate litigation.

Mr. Hardin advises policyholders regarding policy language and claim submission, and represents policyholders in litigation. Mr. Hardin has significant experience with Texas Bad Faith laws relative to the denial or payment of claims, and he regularly speaks on Texas’ laws which make the state a favorable jurisdiction for corporate policyholders.

Mr. Hardin leads the firm’s Global Real Estate Litigation Group. He handles a wide range of real estate disputes and coordinates real estate litigation matters across multiple jurisdictions in administrative, arbitration and traditional court-room settings.

Achievements

  • D magazine’s 2017 Best Lawyers

Speaking Engagements

  • K&L Gates Triage: Cyber Insurance Issues for the Healthcare Industry, Webinar, September 28, 2017
  • Top Ten Issues In-House Counsel and Corporate Practitioners Should Know about Insurance, Dallas K&L Gates Presentation, September 27, 2017
  • Insurance Coverage for Cyber Events—A Policyholder’s Perspective, Dallas Bar Association Friday Clinic, June 16, 2017
  • Texas Insurance Law: What You Need To Know As In-House Counsel, Dallas Bar Association Corporate Counsel Section, March 7, 2017
  • Texas: A Pro Corporate Policyholder Jurisdiction, K&L Gates LLP Insurance Coverage Group Presentation, July 6, 2016
  • Iron Clad Claim: Navigating Property, Business Interruption and other Business Insurance Claims, Business Valuation, Forensic & Litigation Services Conference, October 14, 2014
  • Author/Speaker for the State Bar of Texas Advanced Civil Trial Course 2006-“What Every Lawyer Needs to Know about Insurance Law: Recent Changes and Cases That Affect Every Civil Litigator's Practice”
Mr. Hardin has represented clients through the final, dispositive resolution of an issue or matter including the following non-confidential matters:

General Fidelity Insurance Company v. WFT, Inc., JAMs Arbitration (WFT I). First-chaired the defense of a managing general agent in contractual and business tort claims by the reinsurer of a maritime program. Following a full evidentiary hearing, the arbitrators returned a unanimous and complete victory for our client on all disputed issues.

General Fidelity Insurance Company v. WFT, Inc., JAMs Arbitration (WFT II). First-chaired the defense of a managing general agent through a full evidentiary hearing against allegations of wrongdoing and miscalculations of yearly reconciliations under the applicable maritime program.

Flextronics Technologies Mauritius Ltd. f/k/a Vista Point Technologies (Mauritius) Ltd v. Toshiba Corporation and Iwate Toshiba Electronics Co., Ltd, Japan Commercial Arbitration Association, Represented an original equipment manufacturer in connection with an arbitration of competing claims for breach of the applicable outsourcing agreements through to the Arbitrator’s award rejecting all claims against our client.

William and Carol Collins v. Morrison Homes of Texas, Inc. d/b/a/ Morrison Homes f/k/a George Wimpey of Texas, Inc. d/b/a Morrison Homes, Agreed Arbitration under AAA Rules. Represented a major developer through a full evidentiary hearing and award in the defense of various contractual and related tort claims brought by a homeowner, including allegations under the Texas Residential Construction Act.

Transportation Alliance Bank, Inc. v. Freeman and Sons, Inc., et al., Northern District of Texas, Abilene Division. First-chaired the prosecution of a financial institution’s business tort and contract claims to collect on defaulted and outstanding loans and to preclude fraudulent transfers through trial to verdict.

Georgia DeKoker v. Country Club Lake Park, Inc., et al, 241st Judicial District Court. First-chaired the trial of various real estate claims by a property owner against Country Club Lake Park and other defendants. The jury returned a quick verdict in Ms. DeKoker’s favor that was one vote shy of granting her punitive damages.

The City of Conroe, Texas, et al. v. TPProperty, LLC, 1025 WL 3898018 (Tex. App.--Beaumont, June 25, 2015, no pet.) (not reported). Successfully argued before the Beaumont Court of Appeals for a Barclay’s affiliate related to applicable exceptions to the exhaustion-of-administrative-remedies doctrine applied.

The City of Celina, Texas and the Texas Commission of Environmental Quality v. Dynavest Joint Ventures, 253 S.W.3d 399 (Tex. App.—Austin 2008, no. pet.). Successfully represented a developer before the Austin Court of Appeals to be allowed to collaterally attack an administrative decision.

Other Representative Experiences

Certain Underwriters at Lloyd’s, London subscribing to Policy No. MCP60852, v. CEP St. Croix, LLC and Jose Gonzalez, District of the Virgin Islands, St. Croix Division and CEP St. Croix, LLC v. Certain Underwriters at Lloyd’s, London subscribing to Policy No. MCP60852 for the period December 11, 2012 to December 11, 2013, 55th Judicial District Court, Harris County, Texas. Represented an energy company in competing lawsuits related to Lloyd’s denial of its duty to defend and indemnify in an underling lawsuit. The matter was favorably settled.

Lennox International, Inc. and Lennox Industries, Inc. v. Ace American Insurance Co., RSUI Indemnity Co., Westchester Fire Insurance Cod., The Insurance Company of the State of Pennsylvania, and Great American Insurance Co., Northern District of Texas, Dallas Division. Represented a manufacturer in a lawsuit seeking coverage under the Company’s applicable insurance policy for punitive damages in an underlying lawsuit. The case settled after the issue became moot.

J. Pacetti Precious Jewels v. Roach, Howard, Smith & Barton, Inc. and Kent McClenahan, 298th Judicial District Court, Dallas County, Texas. Represented a jewelry dealer against its broker with respect to failings in procuring appropriate insurance coverage. The matter was favorably settled close to trial.

Eye Care and Surgery Center II, P.A. d/b/a Eye Care & Surgery Center v. Northwestern Mutual Life Insurance Company d/b/a Northwestern Mutual Financial Network, and Ron Davis, County Court at Law No. 4, Dallas County, Texas. Represented a policyholder against its carrier with respect to the denial of coverage under a disability policy that provided Buy/Sell coverage and covered business operating expenses.

Ross Dress for Less, Inc. and Ross Stores, Inc. Represented Ross Stores in a variety of lease and real estate disputes, including RPI Ridgmar Town Square, Ltd. v. Ross Dress for Less, Inc. and Ross Stores, Inc., 48th Judicial District in Tarrant County, Texas; The Shoppes at Rio Grande Valley, LP, v. Ross Dress for Less, Inc., Southern District of Texas, Brownsville Division; Tarrant County Hospital District d/b/a JPS Health Network v. Ross Dress for Less, Inc., Citi Trends, Inc., at al., County Court at Law No. 1, Tarrant County, Texas.

Sprint Telecommunications. Represented Sprint in several real estate and other commercial disputes in multiple jurisdictions.

TPProperty LLC v. The City of Conroe, Texas, et. al., 284th Judicial District, Montgomery County, Texas. Represented a Barclay’s affiliate in a variety of claims related to developmental incentives under a Tax Abatement Agreement and a Tourism Promotion Agreement that the City was attempting to cancel after performance on the developmental portion had been concluded. The case settled after the appellate court affirmed the trial court’s jurisdiction to proceed forward with the case.

James M. Rosenberg v. Stephen M. Robertson et al., 44th Judicial District Court, Dallas County, Texas. Represented a major marina developer in prosecuting contractual and business tort claims regarding the defendants’ interference in the development of a marina in Garland, Texas. The defendants ultimately filed bankruptcy.

Pulte Homes of Texas, LP v. Nibco, Inc. and Miller Plumbing Co., Inc., 150th Judicial District, Bexar County, Texas. Represented a manufacturer in the defense of product liability claims related to the design and manufacturing of poly

Jette Scott, individually and as Guardian of Jennifer Scott, an Incapacitated Adult v. Volkswagen AG and Volkswagen of America, Inc., Eastern District of Texas, Marshall Division. Defended Volkswagen from a variety of claims centering on allegations of a defective product. This was the underlying litigation that spawned In re Volkswagen AG, 371 F.3d 201 (5th Cir. 2004) and created new law for venue transfer motions out of the Eastern District of Texas.

Paul Cozza v. Network Associates, Inc., District of Massachusetts. Represented a software manufacturer in the defense of claims of misappropriations, infringement, and other intellectual property claims related to the alleged wrongful use of a portion of anti-viral software.

J&J Marketing, John Joyner and Laura Anna Joyner, Individually, d/b/a J&J Marketing v. USF Processors, Inc., Processors Unlimited Company, Ltd., USF Processors Trading, Inc., Kevin Sheehan, Individually and Denis Reilly, Individually, 134th Judicial District Court, Dallas County, Texas. Represented a reverse logistics company against allegations of breach of contract and violations of relevant government regulations. The case was favorably settled after summary judgment was sought.