Insurance Litigation
The firm successfully represented insureds and claimants in a variety of insurance litigation including:
- Bad-faith failure to defend or pay insurance proceeds
- Life insurance claims
- Fire insurance claims
- Refusal to defend or pay auto insurance claims
- Uninsured motorist insurance
The firm has successfully represented plaintiffs and defendants in real estate disputes including:
- Quiet-Title Suits
- Foreclosures
- Fraudulent Transfer actions (to recover and execute upon property transferred to defraud creditors)
- Property disclosure claims
- Property contamination
- Defective products causing damage to property
The firm has successfully represented individuals and their heirs who suffered moderate injuries, severe injuries and burns, or death in a wide variety of cases including:
- Automobile accidents (single-car and multiple car)
- Truck accidents (truck-automobile collisions)
- Assault and battery injuries – civil claims
- Home explosions or fires caused by leaking gas
- Toxic exposures (such as asbestos, formaldehyde, and meth lab fumes/chemicals) including recovery of medical monitoring and punitive damages prior to onset of illness
- Defective products (including automobiles, power tools, automobile seats, seatbelts, and air bags)
In the area of bankruptcy, the firm most often represents creditors and bankruptcy trustees. The firm has extensive experience handling claims litigation, obtaining relief from the automatic stay, valuation disputes, contested confirmation proceedings, and representing creditor’s committees. Additionally, the firm is experienced in a broad range of bankruptcy adversary proceedings, such as avoidance actions brought by debtors or trustees to recover preferential or fraudulent transfers and numerous actions pursuing a wide variety of claims which become part of the bankruptcy estate upon the bankruptcy filing.
The firm’s experience includes Mr. Mashburn’s representation of bankruptcy trustees and estates in numerous cases. Mashburn has served as a U.S. Bankruptcy Trustee since 2004, being appointed as the Trustee in over 8,000 cases. He has also been appointed to multiple Creditors’ Committees and Trusts. In cases where John Mashburn has served as a Trustee or member of a Creditors’ Trust, he has recovered and paid to creditors over $45,000,000.
In bankruptcy as in other matters, our clients appreciate our efficient and practical approach to handling their matters, as the firm is always considering potential costs and expense in light of the expected available recovery.
The firm has substantial successful experience in commercial litigation and contract disputes. In this area, the firm represents corporate entities as well as business owners and individuals. The firm has litigated all types of business disputes including:
- Breach of Warranty
- Breach of Contract
- Construction Contracts & Mechanics’ and Materialmen’s Liens
- Disputes Between Co-owners of Businesses and Violation of Minority Owner’s Rights
- Disputes Between Employers and Past/present Employees
- Fraud, Conversion and Theft Claims
- Purchase and Sale of Businesses Including Medical Practices
- Representation of Schools and Universities
- Consumer and Commercial Accounts Collections and Collateral Recovery
- Replevin Suits (Obtaining Prejudgment Repossession of Collateral)
- Appeals

