Marty Brimmage is a commercial trial lawyer, with a concentration in bankruptcy-related litigation and complex corporate disputes. Using his prior business education and experience, Mr. Brimmage develops litigation strategies and solutions to match his clients’ business and litigation objectives.
Practice & Background
Licensed in both Texas and New York, Mr. Brimmage has tried cases in both federal and state courts and in arbitration proceedings all over Texas and throughout the country. He has also represented debtors, secured lenders, creditor committees, and equity holders in a wide range of contested bankruptcy-related matters across the country.
Mr. Brimmage received his B.B.A. magna cum laude and M.B.A. magna cum laude from the University of North Texas. After receiving his J.D. cum laude from the University of Houston where served on the Houston Law Review, he served as the law clerk for the Honorable Robert C. McGuire, Chief Bankruptcy Judge for the Northern District of Texas.
Mr. Brimmage’s recent representations include:
- acting as chief litigator with a team of bankruptcy counsel to successfully obtain plan confirmation of a multi-billion dollar plan over the other competing plan after extended confirmation hearing
- representing oil and gas debtors in a case of first impression before the Fifth Circuit and obtaining reversal of the district court's finding that a non-insider creditor's claims could not be recharacterized as equity and affirmation of the bankruptcy court's recharacterization decision
- representing a national rail carrier in a case seeking to rescind a transaction involving hundreds of millions of dollars and successfully obtaining a summary judgment regarding all claims
- defending debtor's counsel in post-confirmation litigation and obtaining complete dismissal with prejudice of contract, tort, fraud, and malpractice claims alleging more than $70 million in damages while securing more than $2 million in bankruptcy court sanctions against plaintiffs and plaintiffs' counsel
- acting as chief litigator with a team of bankruptcy counsel to prosecute claims of fraudulent transfers and preference payments in adversary proceedings
- representing plan administrator in the prosecution of claims in courts in both Texas and New York
- successfully representing debtor in a chapter 15 contested matter
- successfully preventing a national natural gas gathering company from obtaining injunctive relief in federal court
- after a two-week jury trial, obtaining a complete defense verdict and an award of attorneys' fees for a royalty owner in a title action
- obtaining an arbitration award granting plaintiff commercial landlord’s claims to enforce a long term fully net lease, denying all of defendant's claims and awarding a significant amount of attorneys' fees and expense to plaintiff
- obtaining judgment for plaintiff national drilling services company on breach of contract claims for full amount of damages and attorneys' fees and expenses incurred in prosecuting claims
- obtaining and collecting a judgment for plaintiff oil and gas company against the defendant seller of oil and gas drilling rigs
- successfully obtaining a summary judgment for plaintiff commercial development landowner on declaratory judgment claims and claims to quiet title against a national home builder and the lis pendens it filed regarding a contract for the purchase and development of approximately 200 acres
- successfully representing plaintiff national retail franchisor in termination of franchise agreements and securing appropriate injunctive relief to protect the franchisor's intellectual and proprietary property
- obtaining a complete summary judgment for defendant commercial landlord against a commercial tenant on various business tort and contract claims alleging damages of $2.75 million
- obtaining a defense summary judgment for defendant independent oil and gas company on contract claims and liens placed on defendant’s property
- obtaining early defense summary judgment (i.e., before any discovery) for a national retailer on multiple business tort and contract claims for alleged damages in excess of $40 million
- obtaining a defense summary judgment for a national services company in a shareholder derivative action alleging various business tort (breach of fiduciary duty and others) and contract claims
- successfully defending a national franchisor against multiple business tort and contract claims for alleged damages in excess of $30 million, obtaining a judgment against plaintiffs for the full amount of attorneys' fees and expenses incurred which were in excess of $2.5 million and defending that judgment through the court of appeals.
Mr. Brimmage is involved in community, civic and charitable activities that include being a:
- member of the American Bar Association, Commercial and Business Litigation Section
- member of the American Bar Association, Bankruptcy and Insolvency Litigation Section
- member of the American Bar Association, Real Estate Litigation Section
- member of the American Bar Association, Business Torts Litigation Section
Awards & Accolades
- Texas Super Lawyer for Business Litigation (2010-2012)