Kent Hofmann

Kent Hofmann represents his clients' interests in lawsuits and disputes involving commercial lending and lender liability claims, contract claims, insurance coverage disputes, mechanic’s liens, real estate disputes, receiverships and more. Kent also represents health care clients in regulatory and administrative litigation.

His specific experience includes:

Business Litigation

• On team that represented bank against allegations involving a Ponzi scheme and alleged damages in the billions
• Represented client in litigation concerning contract and other claims regarding clinical trials of pharmaceutical in which plaintiff alleged damages of $50 million
• On trial team that obtained a take-nothing jury verdict for an insurer sued by a former agent alleging claims for $70 million
• Obtained summary judgment for plaintiff in breach of contract lawsuit concerning failure to repurchase mortgage loans and defended judgment on appeal
• Obtained summary judgment for bank on breach of contract claims brought by construction company and on bank’s affirmative claim against borrower for indemnity
• Obtained injunctive relief for client in a partnership dispute related to low-income affordable housing tax credits
• Repeated representation of bank in disputes and lawsuits involving lender liability, deficiency claims, executions and collections, property tax lending issues, subpoenas, and other matters
• Represented commercial landlords at trial in eviction and breach of lease litigation
• Represented owners, landlords and developers in real estate disputes and lawsuits

Administrative Litigation

• Led litigation team that represented health care provider in administrative appeal of Medicaid Integrity Contractor (MIC) audit findings and extrapolation of alleged overpayments
• Represented health care provider in appeal of extrapolated ZPIC audit
• Led litigation teams in defending health care providers in administrative proceedings against actions for license revocation and administrative penalties

Insurance Litigation

• Tried case to the bench regarding amount of damages in insurance coverage litigation over a fire
• Represented insurer in lawsuit over alleged breach of duty to defend
• Obtained summary judgment for insurer in lawsuit alleging wrongful cancellation of a life insurance policy
• Obtained summary judgment for insurer on limitations grounds
• Advised insurers on life insurance coverage issues
• Represented insurers in litigation alleging breaches of life and disability policies
• Represented reinsurer in contract dispute and obtained transfer of venue in order to invoke arbitration clause
• Representing insurer in coverage lawsuits

Construction Litigation

• Defended bank in disputes and lawsuits concerning mechanic’s liens and removables
• Experienced in analyzing mechanic's lien claims

Receiverships

• Represented receivers appointed to manage commercial buildings 

Intellectual Property Litigation

• Represented manufacturer of casino and gaming equipment in copyright infringement litigation
• Represented franchisor in lawsuit alleging unauthorized use of trademarks
• Represented insurer in dispute concerning trade names

Negligence and Products Liability Litigation

• Represented small business in litigation involving claims of negligent hiring related to alleged assaults
• Defended manufacturer in litigation involving a refuse truck damaged by fire

Other Experience

• Represented entities and individuals in special appearances, obtaining dismissal from lawsuits for lack of personal jurisdiction
• Cost-effective 50-state surveys, including in defense against putative class actions and for legal issues involving UCC warranty claims and judicial selection methods
• Review and editing of appellate briefs

Reported Decisions

• Lionhead Property v. AmGUARD Insurance Co., 2023 WL 4279321 (W.D. Tex. 2023)
• Alyna East Hotel Management, LLC d/b/a Super 8 Motel v. AmGUARD Insurance Company, 2022 WL 1797035 (W.D. Tex. 2022)
• Mazhar Footsteps, LLC v. AmGUARD Insurance Co., 2020 WL 7670245 (W.D. Tex. 2020) (Memorandum Opinion and Order denying Plaintiff's motion to remand)
• Texas Disposal Systems, Inc. v. Arch Specialty Insurance Company, 854 Fex. Appx. 576, 2021 WL 1805865 (5th Cir. 2021)
• Khatib v. Cathay Bank, 2012 WL 3072326 (N.D. Tex. July 26, 2012)
• Zurich American Insurance Co. v. Arch Insurance Co., 2021 U.S. App. LEXIS 36916 (5th Cir. 2021)
• Trian LLC v. NovaStar Mortgage, Inc., 2009 WL 2837667 (Tex. App. – Austin 2009)